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Easement across council land

We have recently completed on the purchase of a plot of land, the access to the site crosses the councils land and was formerly an easement. The land was sold without the benefit of the easement.

After speaking with the council they have acknowledge our intent to use the access road and to clear and maintain it and even sent us a key to the gate at the top of the access track. Does the councils acknowledgment of our use create a new easement by consent ?

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm unsure how the land you bought could be "sold without the benefit of the easement." I've not heard of easements registered on land being removed by a sale. They either exist for the land, or not.

    Similarly, if the easement was registered against the council land, why would sale of the land you bought have effect on the council land registration?

    What has your solicitor said (or did you DIY the conveyancing)?

    As for your question, one would need to see precisely what they said/wrote. It is possible they created a new easement, but whether that is in perpetuity, or whether it is isimpky a temporary licence either for a fixed period of time or until withdrawn, it's impossible to know without more detailed information.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would have been easier if the OP had just continued their existing thread about the same issue:

    https://forums.moneysavingexpert.com/discussion/6054718/easement-issue
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    davidmcn wrote: »
    It would have been easier if the OP had just continued their existing thread about the same issue:

    https://forums.moneysavingexpert.com/discussion/6054718/easement-issue
    How immensly annoying!

    And ironic that OP started that earlier thread by saying "I’m not sure if I’ve posted this correctly, however if not please feel free to remove it'.....

    It's this current thread that needs moving - back to the original one. I'm out.
This discussion has been closed.
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