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JoeN819
JoeN819,
Category: Law
Satisfied Customers: 77
Experience:  Expert
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We are in the process of selling a property and the

Customer Question

we are in the process of selling a property and the purchasers lawyers have made the following comment apparently asking us ho we wish to address the property title does not contain legal rights to use Clive Road nor any services in, on or under Clive Road and no suggestion has been made as to how this can be addressed.
• the property does not have the benefit of any rights of passage for utilities, pipes, wires etc.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: not sure what paper work you are referring to. we live on a private road and we have all services, recently renovated and exchange old lead pipes etc. why are theserights necessary at all on the title deeds?
JA: Where is the property located?
Customer:*****Esher KT10 8PS
JA: Anything else you want the Lawyer to know before I connect you?
Customer: cant think of anything just now
Submitted: 12 days ago.
Category: Law
Expert:  JoeN819 replied 12 days ago.

Hello - Sorry to read of the above. I shall do my best to help you today. Could you please provide a little more information on this. Are you selling part of your part of your property and retaining the other part?

Customer: replied 11 days ago.
The whole property is being sold
Expert:  JoeN819 replied 11 days ago.

Thanks very much for this - Could you please provide more information about this transaction so as to allow me advise you on your query. What's exactly is the legal issue here? What does the buyer want and What are the concerns you have?

Thank you

Customer: replied 10 days ago.
The question i have is this a material iissue and what legally is the problem with the following
property title does not contain legal rights to use Clive Road nor any services in, on or under Clive Road and no suggestion has been made as to howthis can be addressed.
• the property does not have the benefit of any rights of passage for utilities, pipes, wires etc.
Expert:  JoeN819 replied 9 days ago.

Thanks for the additional information - If i have understood things correctly, It appears the buyer is asking for a number of easements i.e. a right of way

Utility Easement - an easement that allows a utility the right to use and access specific areas of the property for laying gas, electric, water, and sewer lines.

A legal right a way over your land to access Clive Road. Easements may be implied where they are necessary, or would be reasonably expected to be held by a land owner so I imagine these are not absolutely necessary for the buyer's reasonably enjoyment of the property, in which case it would be a matter of negotiation between you and the buyer.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.