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Access rights/easements - which documents do I need?

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  • da_rule wrote: »
    So why can't he walk from the pavement into the front of the property? Directly over the red line and into the blue area.

    Because there is a 10 foot drop and no steps. Nor any funds to put steps in, plus medical conditions which would make steps difficult to use.

    My relative neglected to mention this tiny fact to the conveyancer, nor that at the time there wasn't even a front door. So it was assumed access was as you say. Hence this bit of a pickle unfortunately.

    (But it's OK, the estate agent said she could use the gate at the back, so it must be true, until the landowner wanted to know what she is doing on his land. I am a tad exasperated with her!!! :rotfl: )
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    So in that case then if the new path is put right along the edge of the garden the freeholder could still sell the lease for the neighbouring property with most of the garden.

    Alternatively, when he prepares the new lease he can reserve a right of access over the path for himself and other leaseholders/tenants.

    He could also vary your relatives lease to do give them a easement over the path.
  • da_rule wrote: »
    So in that case then if the new path is put right along the edge of the garden the freeholder could still sell the lease for the neighbouring property with most of the garden.

    Alternatively, when he prepares the new lease he can reserve a right of access over the path for himself and other leaseholders/tenants.

    He could also vary your relatives lease to do give them a easement over the path.

    Thank you, that is exactly the kind of information I'm looking for.

    I've asked her to see if she can seek clarification on exactly what is proposed. From what you've said, it doesn't sound as horrendous as I thought it might be.

    So to clarify, as the other flat is rented direct from the freeholder, she does have access over this path at the moment, if it is a common area?

    But once sold, something will need to be defined either as an easement across the new leasehold, or the new leasehold sold without the path.
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