Water/drainage over neighbour's land

G_M

Sorry to resurrect an old thread but....

Thoseof you interested will recall my water/sewerage across neighbour's land issue? Resolved by a Deed?

Well recently I looked at a property that turned out to have a Flying Freehold. So I did some googling and came across this explanation of legal ways to manage Flying Freeholds.

The Deed of Covenant solution seems legally identical to what I was attempting to achieve with my own Deed relating to the water/sewerage problem.

But I was struck by the fact that my Deed does not:

each party must be placed under an obligation to obtain a deed of covenant from their future buyer in favour of the other owner

So have I been poorly advised and might my Deed in fact be useless (eg ifmy neighbour sells)....?
If so, I'll go back to the solicitor I used but thought I'd get a bit surer of my facts first.

observations_from_a_hill

As I recall, you secured easements permitting you access for repairs/maintenance of the whole system, and these easements were registered.

So yes, go back to your solicitor and demand an explanation of why you do not have a flying freehold.

G_M

observations_from_a_hill wrote: »

As I recall, you secured easements permitting you access for repairs/maintenance of the whole system, and these easements were registered.

So yes, go back to your solicitor and demand an explanation of why you do not have a flying freehold.

:rotfl:
Thanks Obs!

Yes the easements were registered. But do they bind successors?

Granted, the Deed states 'and successors in title' but the link suggests that there is a need to make successors sign a new Deed when they buy in order to bind them.

My Deed does not require my neighbour's buyer to sign anything as part of their registrationof title.

observations_from_a_hill

Yes, easements bind successors - they are effectively "freehold" rights that your land enjoys over your neighbour's land.

As far as I recall, you had easements which enabled you to repair/replace/renew the whole sewerage system.

So I'm not clear where any covenants are required.

So - if in doubt, ask your solicitor. Or ask Land Registry Representative in the morning.

G_M

If you're right, then there's no issue. But that seems at odds with with explanation given by TLT in the link.

And the circumstances seem the same: my right to water, and to access to neighbour to repair Vs a FF owner's right to structural support and access to the freeholder'sproperty below for repair.

Bitmore research then a call to the solicitor.

observations_from_a_hill

As I recall, my first suggestion was that you install your own septic tank. You chose not to - too expensive.

As far as your drainage is concerned, I think you're O.K.

As before, seek reassurance from your solicitor or Land Registry Representative.

Strapped

G_M wrote: »

:rotfl:
Thanks Obs!

Yes the easements were registered. But do they bind successors?

Granted, the Deed states 'and successors in title' but the link suggests that there is a need to make successors sign a new Deed when they buy in order to bind them.

My Deed does not require my neighbour's buyer to sign anything as part of their registrationof title.

Easements attach to the land and not an individual, so a change of ownership shouldn't be an issue. Well, that's my understanding anyway!

We have a FF. Our neighbour has agreed to sell us the bit of their property that overhangs ours, which will eliminate the FF (not the only reason for doing it). It's a cupboard - should be interesting valuing it!