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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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I know that an Overriding Interest takes effect on a Title Deed, even

Resolved Question:

I know that an Overriding Interest takes effect on a Title Deed, even if it is not known about and not registered on that deed.
Therefore, does the expression "as on the Title Deeds", written on a SPIF, automatically include such an overriding interest?
Purchaser of said property claims not and is pursuing a claim for misrepresentation. I am hoping the answer is yes and that I can kick him into touch. Would appreciate your advice please.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
I am happy to wait for an answer but would like to re-phrase it if I may.
Customer: replied 1 year ago.
I am clear that a prescriptive easement is an overriding interest and thus all other rights, as may be registered on a Title Deed, will be subservient.
I am also clear that a prescriptive easement does not have to be registered in order to be effective; neither does it have to known by anyone in order to be effective.
So, if a statement is made, for instance in a sellers information pack (SPIF), stating that "the rights are as referred to in the Title Deeds", does that include or exclude any prescriptive easement which existed but was neither registered nor known about.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Where on the Sellers Property Information Form does the expression " as on the Title Deeds" occur? What was listed under the section headed "Formal & Informal Arrangements"? Was the prescriptive easement by virtue of lost modern grant listed under Formal & Informal Arrangements? Was the prescriptive easement referred to at all?
Customer: replied 1 year ago.
"as referred to on the Title deeds" was the seller's response to an additional question regarding any "Formal and informal Arrangements" with the neighbour. The prescriptive easement was not mentioned at all because it's existence was not known to anyone at the time. It only came to light some months after the conveyance, when the purchaser decided to prevent the neighbour from using the expressly granted right of way (on the grounds that the "indicative brown line" did not follow precisely the access drive being used.)
Expert:  Buachaill replied 1 year ago.
2. By definition, an overriding interest does not feature on the title deeds. So the response, "as on the Title Deeds" does not include any such overriding interest. However, any claim for misrepresentation where the line of a right of way, which is an easement, does not follow what is marked on the Title deeds, will not succeed, as the existence of the right of way is on the title deeds. Here the vendor did not misrepresent anything. The vendor represented there was a right of way and its line followed the line on the title deeds. This is not a misrepresentation. The right of way was there. I am afraid the purchaser here is clutching at straws suing the vendor if he then disputes the line of the right of way with the neighbour. So whilst the SPIF point on overriding interest does not assist you, the purchaser's cause of action is unfounded.3. Please RATE the Answer as unless you RATE the Answer, your Expert receives none of the money you have paid the website so there is no incentive any answer any further questions.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10277
Experience: Barrister 17 years experience
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