What does this easement actually mean?

ChrissiC

I am trying to help an 82 year old lady who having endured very disgusting actions from her neighbours, is now considering moving house because she cannot resolve the dispute between them and she has been left to terrified to return to her own home.

Whilst we are still seeking resolution in the hope that she may be able to end her days in her home of 30 years, her neighbours have no intention of allowing that to happen and unless she gives up a right granted to her on her property and is worded

''''"It is hereby agreed that the property hereby conveyed and the adjoining property of the Vendor known as ********* aforesaid having been in the ownership prior hereto there are reserved unto the Vendor and granted to the Purchaser all rights of water, elcetricity supply and drainage and other rights of easments and quasi-easments as if the said property hereby conveyed and the said adjoining property of the Vendor had been in seperate ownership for a period exceeding thirty years prior to the date hereof"'''

Basically her neighbours put up a fence millimetres away from her windows on a party wall that blocked not only all of the light to her kitchen but also covered her outside tap, drain and manhole cover. They have agreed to remove the fence restoring her light but on the condition that she removes an external tap that is on the outside of her kitchen wall and change her windows (of 30 years+) so that they only open inwards.(Incidently a conservation area so window change may be difficult) Will that affect the legality of the Title Deed and cause her any problems if she does try and sell the property in the future?

Regards Chrissi

Imp

It sounds like the old lady is tresspassing on her neighbour's property by placing an outdoor tap over the neighbour's property and allowing her window to open out over her neighbour's property. The new owners are aware of the major difficulties which this could cause, and have asked her to stop tresspassing, which she should do by carrying out the actions suggested by the neighbour. The neighbours appear reasonable.

clutton_2

The access to Neighbouring Land Act 1992 will allow the lady access onto the neighbours land to maintain the drain and manhole cover and tap... no one can stop anyone going onto their land for maintainance purposes.. but they have to put the land/fences back to where they were

Why would these nasty neighbours insist on inside opening windows ???? the only reason i can think is that they plan to re-erect the fence so that outward opening windows will not be allowed to be opened..

these people are utter bullies.. just because they want changes does not mean these are lawful....... dont let them force her into making any decisions until you have good legal advice...

This sort of story is one that a local newspaper would love....


Does she have a free legal helpline attached to her house insurance policy for example ?


have you gone to a local law centre / solicitors firm who offer a free half hours consultation to see where she stands...

you really need a proper legal eye to read the easement in the context of the rest of the deeds.... and especially as to when this easement was written.....

if she is too terrified to go home.. then this could well be seen as criminal harrassment...

good on ya chrissie for trying to help.....

Imp

You don't think it is just a case of an old person, who is at that point in her life when she doesn't like change, getting upset because change is happening over which she has no control?

clutton_2

Imp - so you think its ok for someone to put a fence up inches from your windows and block all your light and refuse you access to your tap which you have used for years and years '?

dont be so blinking patronising.... you too will age at some time..... lets hope you have freinds like Chrissie when you do....

Richard_Webster

If the tap etc have been there for years then access to it would be included in the general expression used in OP's first post and they can't stop her use of it.

However when it comes to selling the property the neighbours can be objectionable enough to discourage anyone form buying and it is difficult to stop that.

tyllwyd

The easement is very difficult to understand. Is this something that was in the deeds of her property when she bought it years ago? I read it as saying that the two properties were originally owned by the same person, but that person sold it to your friend (or someone who owned it before her) and at that time gave her rights to have her water, drainage etc pass through the ajoining property? Is that anywhere near right?

If it is a conservation area, I guess that means that these are old cottages - they might easily have funny things like windows opening onto someone else's garden, and it does seem unreasonable to suddenly object. Is there an obvious reason that it causes them a problem?

ILW

Does the tap discharge onto the neighbours property?
Do the windows open onto the neighbours property?

ChrissiC

These windows have open this way definitely since 1966 and she does have right of way on the said neighbours property, although they do call her a trespasser and have put a notice in their window saying that. They say that the reason why they fenced her in - at first they said the fence was for security. Yet there are no conditions relating to security in there offer to remove it.

The tap has been there for years. She has a right of way right through their property though they have blocked it for about 2 years.

ChrissiC

Yes both are on the neighbouring property, but have been happily for years. She cant just change the windows because it is a conservation area.

ChrissiC

Imp wrote: »

You don't think it is just a case of an old person, who is at that point in her life when she doesn't like change, getting upset because change is happening over which she has no control?

no, not the case... she would accept change, but would you accept being boarded up in your home of 30 years, she just wants to do what she has been able to for 30 years, if she cant she has to move...

but moving might be difficult because of these issues.