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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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WE HAVE A PROPERTY UP FOR SALE THE PROPERTY HAS BEEN FENCED

Customer Question

WE HAVE A PROPERTY UP FOR SALE THE PROPERTY HAS BEEN FENCED FOR OVER TWENTY YEARS THE PIECE OF LAND THAT THE PROPERTY SITS ON WAS BOUGHT FROM THE NEXT DOOR FARMER AND IS APPROX 2.79 ACRES THE DEED FOR THE PROPERTY SOLD WAS FOR 2.81 ACRES AND ONE OF THE COUPLE SELLING THE PROPERTY AS NOW DIED, THE FARMER IS NOW SAYING JUST DAYS BEFORE THE PROPERTY IS ABOUT TO BE SOLD THAT THE FENCE AND WALL TO ONE SIDE OF THE PROPERTY IS IN THE WRONG PLACE AND HE NOW WANTS TWENTY THOUSAND POUND OR THE FENCE ,WALL AND GARAGE WILL HAVE TO BE MOVED, HE IS ALSO SAYING THAT HE IS HAVING TROUBLE WITH LAND DRAINS AND ALSO WITH OTHER ISSUES THAT HE WANTS SORTING BEFORE HE WILL LET THE SALE GO AHEAD AND HAS WAITED FOR THE TIME WHEN THE OTHER PARTNER IS NOT ALIVE TO DISPUTE SOME OF THESE CLAIMS THAT HE IS NOW MAKING.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

NEED TO KNOW IF WE HAVE TO TAKE THE FARMER SERIOUSLY HAS WE HAVE NOT SEEN ANY DEEDS TO THE PROPERTY THAT HE SAYS THAT HE OWNS AND ALL THE LAND REGISTRY PLANS THAT WE HAVE STATE THAT THEY ARE APPROXIMATE PLANS ONLY, EVERY SET OF DRAWINGS FOR THE PROPERTY ARE DIFFERENT BUT THE AMOUNT OF LAND IS THE SAME AS WHAT WAS STATED ON THE DEED OF SALE.


ALSO WE DO NOT KNOW WHAT THE FARMERS DEMANDS ARE FOR THE JOBS HE SAYS WERE AGREED ON BEFORE THE OTHER PARTNER DIED. AND WE KNOW HE HAS LIED OVER SEVERAL THINGS AS WE HAVE FOUND PAPER WORK WHICH HE HAS SIGNED TO STATE THAT HE WAS AWARE OF THINGS LIKE WHERE WIRES WERE LAID UNDER HIS FIELD AND RIGHTS TO WATER AND DRAINAGE, HE IS NOW ASKING FOR MONEY PER YEAR FOR THESE ITEMS THAT HAVE NEVER BEEN PAID FOR BEFORE AND SOME SORT OF AGREEMENT WITH THE NEW OWNERS IF THEY EVER SIGN.


ALSO ON THE DEEDS RIGHTS TO WATER, DRAINAGE, ELECTRICAL CONNECTIONS AND COMMUNICATIONS WERE AGREED ON THE ORIGINAL DEED.


ON THE OTHER SIDE WE ALSO HAVE A FARMER WHO DOES NOT GET ON WITH THIS FARMER AND WE ARE TRYING TO NEGOTIATE HAVING ELECTRIC PUT ACROSS HER LAND TO THIS PROPERTY.

Expert:  Remus2004 replied 3 years ago.
Thanks.

From what you have told me, things are likely to remain as they are are provided that the boundary has been in its existing place for over 10 years.

Similarly, in relation to the easements for the services, if these have been in place without consent for more than 20 years, the owner of the property can claim an implied easement.

If the farmer is adamant that this is what he wants, and he will not negotiate, the sale will be held up because no one will buy a property while there is a dispute.

This is a matter which will have to be decided by the land tribunal or court and is not going to be cheap or free, although from what you have told me, the farmer is likely to lose if it gets as far as tribunal.

What he is doing without actually committing any criminal offence is trying to pressurise the property owners into paying safe in the knowledge that they want to sell the property.

Unfortunately, there will be a delay in getting this into court.

Get a solicitor to write to the farmer threatening an application to the tribunal to determine the boundary and the easements issue and to ask the court for an application for substantial adverse legal costs against the farmer. If that fails then an early application to the land tribunal is the only solution.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

SO DOES THE FARMER HAVE NO RIGHT TO CHANGE OF THE FENCE /BOUNDERY IF HE HAS NOT PUT IT IN WRITING OR COMPLAINED IN A LETTER ABOUT IT FOR ALL OF THIS TIME, AS WE HAVE FOUND NOTHING IN ALL OF OUR DOCUMENTATION, AND NO LEGAL LETTERS FROM ANY SOLICITORS, AND CAN THE BOUNDERY BE AMENDED AT THE LAND REGISTRY?


 


AND WHAT DOES IMPLIED EASEMENT MEAN?


 


 

Expert:  Remus2004 replied 3 years ago.
That is correct.

Even if the fence is in the wrong place the person with the benefit of the extra land is entitled to have that land registered in their title under the doctrine of adverse possession provided it has been there for 10 years without consent, without objection and not in secret.

An implied easement is an easement which is there by virtue of the circumstances and not created by any deed. It can be formalised provided the benefit of the easement has been enjoyed for over 20 years.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

WITHIN THE DEED OF HAVING WATER, THERE IS A WATER SUPPLY TANK UNDER HIS LAND WHICH AS BEEN THERE FOR OVER 20 YEARS, HAS HE ANY RECOURSE/ RIGHTS AS HE AGREED TO ITS ORIGINAL PLACEMENT VERBALLY.


 


THE PROPOSED ELECTRICITY CABLE HAS A SURFACE JUNCTION BOX APPROX 4FT X 3FT ON HIS LAND AGAIN HAS HE ANY RIGHTS AS THIS HAS BEEN THERE FOR OVER 12 YEARS AND AGAIN AGREED VERBALLY BUT HE SEEMS TO BE CHANGING HIS MIND NOW.


 


ON THE DEEDS IT DOES STATE THAT WE HAVE THE RIGHT TO LAY, USE ,MAINTAIN AND REPAIR ALL NECESSARY PIPES, STORAGE TANKS AND DRAINS ETC HE AGREES TO LET ALL SERVICES ON AND ACCESS AND REPAIR TO THESE EVEN BY VEHICLE.


 


 

Expert:  Remus2004 replied 3 years ago.
Thanks.

I will pick this up in the morning if thats OK?
Expert:  Remus2004 replied 3 years ago.
Thanks for the time.

The same thing applies to the water tank as to the service pipes.

Once it has been in place for 20 years this land acquires an easement over the neighbouring land for the tank and the associated pipework to remain in place.

If no one has any record of the tank ever being put in then the easement is granted under the concept of "lost a modern grant" which basically says that it has been there so long in time that there must have been grounds of the easement but the deed must have been lost.

If the electricity cable has only been in place for 12 years, he can claim that was just there on a licence and can ask for it to be removed.

The final paragraph that you have posted however, clearly gives you the right to do everything you want to, regardless of the Prescription Act, but it does not refer to the electric cable or junction box. If this went to court, the court would sometimes say that if it meant to say cable it would say cable, however, there seems little point in allowing supply and drainage services, but excluding electricity.

I still think that if this went to tribunal, the neighbouring landowner would not be successful in getting these things removed.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’