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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I brought a commercial property last aug 2014 in my tittle

Customer Question

hi, I brought a commercial property last aug 2014 in my tittle deeds land registry it showed no easements. Only last week I received letter saying neighbour behind my property has an easement registed on there tittle on my land, where there are saying the right of way is; a buildings had been erected in 1982 via through planning permission. this will mean if they can legally gain access in to my building then my privacy and security will be lost dramatically can you please tell me legally where do I stand many thanks maria
Submitted: 1 year ago.
Category: Property Law
Expert:  wingrovebuyer replied 1 year ago.
Hello. First off, I'd go back to the solicitor who acted for you in the purchase and ask them to check this. If the easement is not registered against the title to your land, however, it is possible that it is not now enforceable due to lack of registration.However,that is probably not relevant here. However, the fact that the building has been on top of the easement for over 30 years is significant - it is highly suggestive that the easement has been abandoned by the beneficiary of it, because they took no action to prevent it being blocked in 1982 and presumably haven't sought to exercise it since. This is suggestive that they have acquiesced in it being blocked and have therefore abandoned the right. Personally, I wouldn't worry about this for that reason, but please do go baack to the solicitor who acyted for you last year. It is really their job to undertake due diligence sufficent enough to reveal any subsisting rights affecting the property and you ought to ask them to review their file and then sort this out, at their expense if they have been negligent. Best, WB

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