Easement / Right of Way amendment

on_a_sixpence

Hi all, hoping some conveyancing experts can help me out a little here

We are currently selling our home, and without going into unnecessary detail, there is an easement across a neighbouring property on to our property that wasn't really accurate when it was drawn up by the previous vendors' solicitors, and our buyer's solicitors are insisting on it being amended before exchange.

This is the only thing holding up exchange, and we have been quoted THREE WEEKS to get this solved by our solicitors - which obviously takes completion into the new year, when we originally planned to move before Christmas.

Now, we have agreement already with our neighbour (an extremely nice man, literally the best neighbour anyone could ever wish to have!) and he is more than happy to agree an amendment to the deeds without a problem.

I also gather that amendments like this can be submitted to land registry at the same time as the change in title upon completion (please correct me if I'm wrong)?

My question is this - how long does it really take to get such an amendment drawn up? We already have a copy of the plan of the properties with the current "yellow line" showing access, and can very easily replicate the wording of the previous easement and get it signed and witnessed straight away. If it's no more than that, we could probably do it in the next 24 hours..?!

Thank you in advance!

G_M

Your solicitor is probobly quoting 3 weeks as a typical timeframe. He won't/can't quote you a shorter one because then you'd have a hissy fit if it took 3 weeks.

* solicitor (S) draws up draft deed - timeframe depends how busy he is, how much presure you put him under, how much info you provide him and how complex the Deed (and Plan) is
* S sends you draft for approval
* you approve draft
* S sends you final Deed to Execute
* You Execute and return to S
* S sends deed to neighbour (N), wih suggestion he take legal advice before signing
* N takes legal advice - a week?
* N returns Deed
* S submits Deed to Land Registry to register against both your and N's properties

Clearly if N skips the legal advice(his choice), and both you and N go in to S's office to approve, and simultaneously sign, that cuts down the timeframe.

unforeseen

I don't see a problem. Your buyers use the easement as shown on your deeds. If neighbour doesn't like it then neighbour can fork out to get the deeds corrected not you/your buyer

davidmcn

If neighbour has a mortgage then his lender's consent may be required too, which will add to time/cost involved.

Land_Registry

Agree with the advice posted to date and to add to the mix.....

Yes you can register the new easement at the same time as the new owner registers their purchase. But that very much depends on the buyer and the neighbour agreeing/completing the process as part of the sale/purchase completion

And much will depend on the buyer's solicitor and whether they are happy to complete on that basis - they are the key here.

If you look to complete the process outlined by G_M yourselves and apply to register against both titles and with the lenders' consents (if any) before the buyer will complete then this will take the time suggested plus extra to register - I assume the solicitor has not included the registration part in the 3 week estimate.

If your solicitor submits the application along with details of the linked onward sale and a request to expedite then we can speed up the registration process.

Or the buyer can complete by having sight of a copy of the relevant Deed/application before confirming that it has been submitted for registration.

Either way the ball is very much in your buyer's court as to what happens next so best to check with their solicitor before fixing any timescales in your own mind

ST1991

I have been in the exact same situation, except i was buying the house. The right of way went across neighbors garden, into ours, and then into one more. However, it was blocked by a garage some time ago by the end neighbour (before they bought that house...) - so it was effectively NULL as there was no access into our garden, and the next house along.

Because there were 6 parties involved it took a really long time. All 3 houses needed to sign, and have their mortgage suppliers agree and sign too. It took between May and October for that to happen...

We completed before it had been submitted to LR, but we could only complete once all signatures were back to remove the right of way altogether...

Everyone agreed to have the RoW removed, no idea why it took so long, but i have a lot more grey hairs than i did in 2015...

on_a_sixpence

Thanks for your replies everyone.

The current ROW deed marginally crosses a fence line, so this is why the buyers solicitor is holding it up and requesting the change. You can't get to the garage in a car if they enforced the existing access to the precise path on the title plan.

There's no mortgage on their property so there won't be a hold up specifically for that.

Thanks again and hopefully we can find a way to expedite it before the Christmas break

ST1991

on_a_sixpence wrote: »

Thanks for your replies everyone.

The current ROW deed marginally crosses a fence line, so this is why the buyers solicitor is holding it up and requesting the change. You can't get to the garage in a car if they enforced the existing access to the precise path on the title plan.

There's no mortgage on their property so there won't be a hold up specifically for that.

Thanks again and hopefully we can find a way to expedite it before the Christmas break

If it's just you and the neighbour i'm sure it will take no time! You can even change the boundary at the same time perhaps? We had to do that with ours too!