Easement on plans for new build - please explain implications?

LDO

We've reserved a new build off plot and have just been told that there is an easement in the rear garden. We spotted on the plans an area of the yard (covering a fair bit of it too) that was hashed out with yellow lines. This covered 4 houses in the close. The sales rep didn't know what it was so it got referred to the builder who explained it was an easement. But that was on a voicemail and he didn't say what type.

What types are there? What types are common? We're assuming drainage or sewerage.

What are the implications? The builder said it means we could probably never extend or stick a conservatory on as we can't cover the easement.

I take it this is just some kind of manhole cover, right?

We can't go in until weds to speak to them about it but I have a feeling the sales rep will have to refer our questions elsewhere again.

phill99

It could be a whole range of things. It could be a sewer or drain, but could also be access rights, utility cables and services, telegraph poles, etc

Jeffrey_Shaw

phill99 wrote: »

It could be a whole range of things. It could be a sewer or drain, but could also be access rights, utility cables and services, telegraph poles, etc

Yes. An easement is merely a permanent private right that:
a. benefits one property; and
b. burdens another property.

It's not:
a. a public right of way;nor
b. a bare permission/licence, which is revocable.

LDO

I'm fairly sure its a drainage easement to be honest. I'm just worried we won't be able to flag over it to make a patio.

If it is drainage will it just take the form of a manhole or something?

Jeffrey_Shaw

A manhole cannot be an easement. But an easement to/from it- either drainage or a pedestrian access for maintenance)- might exist. So you need proper advice about what the deed specifies.

LDO

Bit of an update.

The easement is for access to sewer pipes which run under the garden and are adopted by, I think, united utilities.

The pipe itself is at the back of the garden.

I'm not massively concerned about this but I'm not very clued up on easements or what they might mean for my property.

I understand that I won't be able to build on this land, but my main questions are about what would happen if they needed to dig up our garden? Would they have to provide notice? Will they put right any turf or paving they disturb? Would it be difficult to resell a house with this arrangement?

I understand it would be rare that they would need access.

Any help, advice or links to resources would be great. Struggling when googling to be honest.

pete1968_2

LDO, in the course of purchasing the property your solicitor will commence pre-contractual enquiries and request (amongst other things) a copy of the draft transfer of the property with contract.


You will need to read the draft transfer to see what does and doesn't affect the property your are purchasing. The easement is likely to be protected by restrictive covenants in favour of the utility company and will state what conditions affect the land

dangermouse1977

Just posting to find out if you went ahead with the purchae of this property & if you've had any problems?
thanks