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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9348
Experience:  I have been practising for 30 years.
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I want a Solicitor to deal with my side of an easement that

Resolved Question:

Hi, I want a Solicitor to deal with my side of an easement that would grant me access to cross over a portion of land owned by a housing trust. What are the fees for this work? Thank You.
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

It isn’t something that we could deal with for you because we don’t handle casework. However we can tell you what you need to do and give you an indication of the fees.

Firstly, we need some more information.

Has the owner of the land, the trust, agreed that you can have this easement/right-of-way or are you claiming it through long use?

Full background detail would be of great help. Thank you.

Customer: replied 9 months ago.
We just bought a house and the easement is required to cross from the road into our front garden. The Housing Trust which owns the land in front of our new home has agreed to grant an easement providing we pay all fees, both theirs and ours.
Expert:  F E Smith replied 9 months ago.

Thank you. It would need 2 solicitors. One to act for you and want to act for the housing association.

Would generally also need a plan which needs to be land registry requirements compliant.

One solicitor drafts the easement and submits it to the other solicitor for approval and then, each party registers it at the land registry.

Expect the plan to cost between £100 and £200 and each solicitor to charge between £400 and £500 plus VAT. The housing association solicitor would usually want paying upfront.

If you are in London or it’s a particularly expensive property, the fees could be double or treble that. Because there is a bigger risk on a more expensive property if something goes wrong, the ramifications are going to be more expensive and hence the solicitor would want a bigger fee.

This is assuming that this is just a straightforward right-of-way or the right to cross a part of the land without the need for any services or disturbance of the land and there is no requirement for maintenance or lane roads or pathways or anything like that. Any complications like that would make it more expensive.

Can I clarify any points arising from this?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

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