Dispute Resolution Department

Generally when purchasing a property or land the purchaser is bound by any rights and obligations in place at the time of purchase.  These rights are commonly referred to as easements and/or covenants and can include either:

• a restriction in use of the land, usually for the benefit of another’s land, for example not to erect or use the land or property for any commercial gain or particular use such as keeping animals: or
• a positive obligation to carry out an action, such as erecting and maintaining a fence, or more commonly allowing another access over the land or to use any utility pipes, wires or drains that run though the land

Many, if not most, easements are not personal to any individual and will affect or benefit any future owners, being recorded in either the title deeds and/or detailed in the Land Registry title documents. 

However, this does depend on these rights or obligations being properly transferred.  For a variety of reasons this is not always the case, and a detailed analysis of the title documents will be necessary to establish the extent to which these rights or obligations are enforceable.

In addition rights may not always be formerly granted, and in some cases may be implied when looking at the historical and current use of the land.   Equally the circumstances under which the original rights were granted may have changed – for example should land which benefits from the right of way be developed so as to provide access for a much larger number of properties or human and vehicular traffic.

When faced with a claim to use or attempts to restrict use of your or any neighbouring land it is imperative to seek legal advice so as to understand the rights and obligations which you may face: to solidify any rights, avoid losing them or inadvertently burdening your land unnecessarily.

Our experienced team will be more than happy to guide you and if necessary put in additional documentation so as to formally register or record the extent and nature of any rights by agreement or if necessary the courts.