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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 4307
Experience:  LL.B (Hons)
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If a deed of release and grant of an easment was signed in

Customer Question

Hi. If a deed of release and grant of an easment was signed in Jan 2013 (for a property that had access rights for loading/unloading) show on the deeds of a new build purchased in september 2013?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: We are a private road and was told that the communal area was for use of residents and our visitors. We have now been told that the builders agreed to a deed of release and grant of an easement that we were not made aware of and does not show on the deeds shown to us by the solicitor who did our searches. Unfortunately, that solicitor is no longer trading
JA: Where is the property located?
Customer: NG9 8FQ Featherfield Place, Nottingham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Shops on the main road have rear access only. Now we have one of those shops having major works done and there can be 7 or 8 vans/cars parked all day so we have no parking when we get home from work. The guy is trying to say that part of the land, at the rear of his access point) was agreed for him for loading/unloading (even though they are parking all day) and that we should never park there as its his access. Nothing of the sort was told to us by the builder or our solicitor. He has issued us with a doc, via his solicitors, that show a hand drawn hatched area that does not look official or show dims, of how big that area is
Submitted: 11 days ago.
Category: Property Law
Expert:  Virtual-mod replied 11 days 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!
Customer: replied 11 days ago.
I will wait, TY
Customer: replied 10 days ago.
Hi Guys, Do we have anyone qualified to answer this question?
Expert:  RJM Law replied 10 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.


Expert:  RJM Law replied 10 days ago.

Do you have  copy of wha the solicitor has sent you.

Customer: replied 9 days ago.
File attached (L5M4G31)
Expert:  RJM Law replied 9 days ago.

Unfortunately, it seems to be valid, meaning that the rights outlined in the letter would be correct.  You can still keep the gate there, however will need to allow access in accordance with the deed.   However, they should not be using the land for parking overnight or extended periods of time, or anything which is not specifically permitted in the deed.  If this is what they are doing, I would advise that you write to the solicitor in return and advisee the same.  

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

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.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.


Customer: replied 8 days ago.
Our issue is; why did this not show up on our deeds? We were told by the builders and our solicitors that the whole of the area was ownes by all 5 properties and for exclusive use for us to park our cars or our visitors cars. We are now really being told that we can not park in that hatched area at any time, according to Mr Demetriou. We would not have purchased the property if this is true and had we even told.
Expert:  RJM Law replied 6 days ago.

Thank you for waiting, I am just dealing with an urgent matter this morning but shall revert to you by this afternoon. Many Thanks.