hometagsloginregister

Ready to Participate?
Ready to Participate?
Get Started!
Log In

Please explain the law on easements. When a new purchaser has moved into a property and the neighbour claims they have been given access to there stable from previous owner for as long as they live in a written agreement. Is the new purchaser bound by thi

asked in law



agentju90 answers:

that contract was not mad€ by you so i'd gu€ss th€ contract is m€aningl€ss. unl€ss you agr€€d to i wh€n you bought th€ pro€rty.


/ reply

imfeduptoo answers:

You need to find out if the easement was registered.
If so it is usually dificult to cancel it.
If it was just in writing from the previous land-owner to the neighbour, and unregistered then it may be possible to end it.
The second link below states the laws on easement.
You may need to seek legal advice.

"An easement is very difficult to extinguish and should be thought of as existing forever. The land of the servient tenement is burdened with the easement. The owner of the dominant tenement should not forget that the owner of the servient tenement has a right to the peaceful enjoyment of his land and the legitimate development of his land, and the performance of the easement should not interfere with the servient owner's peace nor prevent him from exercising his right to develop his land (provided that the development caters for the easement).

An easement is said to "run with the land", i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner."
http://www.boundary-problems.co.uk/maineasements.htm


http://www1.landregistry.gov.uk/assets/library/documents/lrpg062.pdf





http://www.boundary-problems.co.uk/maineasements.htm


/ reply

Logicalawyer answers:

if the neighbour states that there is some written agreement and nothing is registered, and if you check with your solicitor that an overriding interests questionnaire was answered by the seller, then if there is a clear contract then there may be a claim for misrepresentation either fraudulently or neligently as the seller does have a duty to disclose legal aspects. Secondly if the transfer does not excluded section 62 of the law of property act 1925 then a licence or contract could be converted into an easement.

If it has been disclosed but the buyer is not aware then the solicitor may be negligent.

Best to go and see a solicitor with this problem as it is quite a technical area of law.


/ reply

Comments


No Comments