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easement of necessity

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  • Can you speak to owner of house that was last granted easement. This might help you understand what was needed the cost etc
  • The_Goat
    The_Goat Posts: 10 Forumite
    martin.cat wrote: »
    Can you speak to owner of house that was last granted easement. This might help you understand what was needed the cost etc

    I now feel really thick for not thinking of this!

    Thank you!
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    A couple of things strike me. The owner of the lane may have no idea there's any reason to rush a decision, may not care one way or another, may be quite happy to give it for free, if you pay the legal costs... whatever. I suspect the only way you'll find this out is to knock on his door, ask him face-to-face, and see what comes of it. The estate agent says he's odd.... might make him difficult and money-grabby, might make him a Bohemian artist who'll share his road and 'shrooms for free... You won't know 'til you knock.... and this guy will be a near-neighbour anyway, so you should probably do so, if only for that reason.

    Depending on what you find, you may insist the vendor legally determine everything themselves, you may sort the matter direct, you may even risk comjng to sn informal arrangement.

    One legal possibility to ponder (I openly admit to knowing nothing about law... I have a friendly solicitor for that). Is it possible that giving up the last easement on the road has different implications to all the others... while one remains restricted, legal rights on the road, repair, general access etc. in some form may be restricted, and granting that last easement would alter that. No idea why or how, or even if.....

    Can you dig and find what relationships were like between deceased and the "odd" chap? Often grudges are long held-over, but a new face (yours) would get a more positive response.

    Is the current owner of the easement-owning house the same as when the last easement was sold (2011)? If not, they may not have a clue what the letters mean/ask.
  • The_Goat wrote: »
    I now feel really thick for not thinking of this!

    Thank you!

    Only just thought of it myself and I problem solve for a living but in the electrical engineering world
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    martin.cat wrote: »
    Only just thought of it myself and I problem solve for a living but in the electrical engineering world

    .... and find out who their solicitor who dealt with it was. If yours sounded out of depth over this, at least that one will have dealt with the owners - and their solicitor - before. If that solicitor contacts their solicitor, and their solicitor contacts their previous client.... well, if all that works, just buy a Lottery ticket on the same day!
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