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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Selling a property and have discovered that a lane between

Resolved Question:

Selling a property and have discovered that a lane between two properties (this and a neighbour) does not have an easement (in the deeds charges sheet). The lane leads to the paddock and garden - property was sold with paddock. I believe strongly this should be an implied grant and also a necessity grant as paddock has no other access to road.
I had an easement drafted and presented to landowner (who sold house and paddock - 2000). The rights of the property in question to have right of way are in the deeds of the nieghbours property.
Initially landowner refused to view let alone sign the easement.
Now landowner wants his solicitor to draw up a new draft and wants us to pay the fees £1000+vat.
Question is this a reasonable cost - as a complete conveyancing for a house is typically £499 in this area; which would include drafting any easements on land subdivision I asume - or should I go to court to seek Implied grant and costs as i believe landowner is being unreasonble since I offered him a no cost solution.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

The going rate for preparing a Deed of Easement is £850 to £1,000 plus VAT, I'm afraid to say.

It is therefore going to be a lot quicker for you to proceed with the Deed being drawn up. You may be able to argue that you have a right of necessity but this is going to take an awfully long time and unless you have the relevant expertise, it would cost more than £1,000 in Solicitors fees to pursue this, and there is no guarantee you would be successful.

I am not sure why the Deed was not executed upon you buying the property,but unless you authorised your previous Solicitor to proceed without it being in place, then he may well have been negligent. Unfortunately, you only have 6 years to pursue a case of negligence, and so if you were aware of that no Deed had been drawn up in 2000, then you have lost your right ot sue your previous Solicitor.

I am sorry this is not the answer you wer elooking for, but hope I have answered your question.

Kind Regards

AL

i

Customer: replied 2 years ago.

I have been advised that negligence can go up to 15 years (3 after discovery). The previous solicitors practice has ceased only contact a PO Box (awaiting correspondence) but not hopeful.


 


What is enntirely unjust is that the landowner does not dispute the access; but will not sign/look at the easement drawn up - no doubt the replacement easement deed by his solicitor will be almost identical. The only winner in this being the law firm performing unnecessary duplication at greater cost. {And I have had another firm quote £500+vat (+disbursements).}


 


I feel like persisting with a court case as I have found supporting precedents - however like you say time scales are long - and the would be purcharsers will not want to wait that long.


 


So justice will not be acheived.


 


Thanks


 


 

Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

The limitation period is normally 6 years, so you would more than likely be out of time, even if your old Solicitors were in existence.

I totally understand your frustrations at this- if you have your draft Deed stored to your computer, you could always email this to your Solicitor and see if he can negotiate with the third party's Solicitors to cut down on the cost. To be honest, drafting a Deed of Easement can be time consuming so I would rather have a draft to work on, rather than starting from scratch!

I think you will just have to put this down to a bad experience, and look to the future!

Kind Regards
AL
Customer: replied 2 years ago.

It was our (current) conveyancing solicitor (for selling) that drafted the deed on insruction by myself as the landowner acknowledged that access was required and does not dispute it, just won't look at the deed I had prepared.


 


The landowner even told the prospective purchase (of the property) he would sign the deed - but then changed his tune, and at one time said he was not in a position to sign anything.


 


I expect most conveyancers copy most of a previous one (from another matter) and just refer to the plans of the surrounding land accordingly - the access is already noted on the neighbours property so the wording can also be pinched - but I think the third parties solicitor has just quoted what he thinks he can get away with knowing there is a buyer waiting on this document.


 


To me this is simply a ransom demand.


 


Thanks


 

Expert:  Aston Lawyer replied 2 years ago.

Hi Don,

I hear exactly what you say, but sadly you are at the mercy of the third party and to a large extent his Solicitor.
I'm sure you need a speedy solution and he knows this!

There isn't anything more I can really add to ease your problem.

Kind Regards
AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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