Easements galore

montchoisy

I have agreed a price on a very nice property but forgot to get written confirmation about easements and covenants before doing so. Easements have been granted to the owner of the adjoining land and it has been sold to 8 plot holders. Each now have the right in perpetuity to lay drains cables and gas pipes across the land. All but one plot has been developed without using these rights. The property is not registered so if I proceed it will have to be and the land registry will put a notice on their publically available record about the easements. This may be off putting when I come to sell the house.
I am undecided about going ahead. If I do go ahead I think that the price should reflect the uncertainty but it's not like the eaement is there and it's effect on value can be worked out. It is the future possibility that the easement might be invoked and the discouragement to buyers with a record of 8 easements on the Registry records. Any thoughts or advice about where to ge to help would be appreciated.

AnotherJoe

I think it depends on the garden really. Is it 200ft long and the pipes would go by in the last 10ft or would they need to rip your patio and pool up right outside the back door ?

rosyw

I would think that exactly where the easements run will make a difference, across the garden? along the side of the drive etc. I also wouldn't have thought that each of the plots will want to do things separately, purely from a cost perspective,much cheaper for all concerned to have drains, water etc., all connected at the same time instead of individually. I bought my house with the right to run the necessary services down the side of my neighbours drive as he'd sold the land behind his own for development, electricity, water & drainage were connected when I moved in,which just left phone line and gas, both of which took a total of two & a half days, caused little disruption and once finished the driveway was left as it had been before the work commenced. Once all the services are connected that's it, end of problem.

AdrianC

montchoisy wrote: »

Easements have been granted to the owner of the adjoining land and it has been sold to 8 plot holders. Each now have the right in perpetuity to lay drains cables and gas pipes across the land. All but one plot has been developed without using these rights. The property is not registered so if I proceed it will have to be and the land registry will put a notice on their publically available record about the easements. This may be off putting when I come to sell the house.

Whether they're registered or not is irrelevant - the easement exists, and is documented already.

Where does this last undeveloped plot sit, relative to yours and to others? Do the easements apply to the plots between you and them, too? Are there drains and gas already provided to plots nearer to that undeveloped plot?

montchoisy

Thanks Adrian. My concern is that anyone thinking about buying the property in future will look at the Registry record and be put off from the outset if this shows that easement rights exist for 8 adjoining properties. At the moment there is no record in the public domain - which is why I found out about them at the 11th hour. Any further thoughts would be appreciated.M

sparky130a

The type and size of easement granted is important.

And more to the point by whom. To me a drainage/sewer wouldn't bother me.

A main fuel line to Heathrow/Gatwick should require more investigation and scrutiny ( Trust me! )