Solicitor Recommends Drainage Inspection !!

sujsuj

I have been told by my solicitor that  Granted easements may not be applicable in this case as property separation happened only 10 years ago (need minimum 20 years).!! Until 10 years ago both were owned by same person and 10 years ago soak away/drainage field  land is separated from plot with house. So solicitor says  Granted easements might be applicable only after 20 years. Though this soak away/drainage field arrangement is more than 50 years old that time both were owned by same person. Separate ownership of land that property happened 10 years ago only. Any views please..

Also as indicated that e that plot's deed gives permission for neighbours on drainage etc though not specifically mentioned which neighbour. Thanks

sujsuj

any inputs please...

greatcrested

1) I'm not an expert, but my understanding in this case was that no easement had been granted? If it had, it would (probably) be registered. And I don't understand why a 'granted easement' would need to wait 20 years. If (and it seems a big IF) the owner of the land with the soak away had indeed granted an easement, it would immediately apply.

But if he means a 'Prescriptive easement', yes, 20 years.

An 'Easement By Implication'  however may apply (as princeofpounds suggested earlier) and I do not believe the 20 year rule applies to that.

2) "that plot's deed gives permission for neighbours on drainage". Impossible to comment unless you quote the exact wording.

sujsuj

Thanks very much.
What I understood from your response is ..
- 'Easement by Prescription' may not be applicable in my case as only 10n years ago land is separated from House plot. Till then it was in same ownership
-  'Easement by Implication'  could be still applicable as no 20 Year rule.
What proof can be there for 'Easement by Implication'  ?? I read it need not be mentioned in any deeds. ..

greatcrested

did you read the link?

And what recommendation or advice did your solicitor give you?

sujsuj

Solicitor suggested a drainage Inspection, but don't think that will give any solution for this legal issue. Inspection might give an idea about current state of  drainage. Not a solution to the current legal status.

greatcrested

sujsuj said:

Solicitor suggested a drainage Inspection, but don't think that will give any solution for this legal issue. Inspection might give an idea about current state of  drainage. Not a solution to the current legal status.

Indeed.

So you need to ask your solicitor, in writing, for his legal advice so far as the use of this field outside the boundary of your proposed purchase is concerned.

princeofpounds

Hi again. You seem to either have a confused solicitor, or have confused their response yourself.

20 years has nothing to do with granted easements. Granted easements are those written into title deeds, basically. You have to check your neighbour's deeds as well as your own. Have you done that?

20 years is for easement by prescription - i.e. long-term, unchallenged use without permission. Yes, it probably doesn't apply given the timescale.

Easement by implication is the most likely situation. What evidence do you need? It basically revolves on the facts of the case. If a piece of land was subdivided, and part was sold to a new owner, with some services from the remaining land still running into/across the sold land... then that's basically enough, as far as I understand as a layman. A court would assume that the purchaser of the new plot would accept all that came with it, including the presence of the services. 

To be honest, I struggle to see why this latter case would not apply to your situation, but I'm not your lawyer so you need to discuss it with them.

As greatcrested says, ask your solicitor to confirm your position in writing on this matter.

sujsuj

Thanks for the responses and its been great help from thi Forum.
I checked Title of the property I am planning to purchase its FIRST SCHEDULE says as shown below attachment ..
Last 2 points in the deed  in this section (not attached  here) talks about land separation etc. I am yet to get my hand on neighbouring land's deed which my solicitor have now. I asked some clarifications now. thanks

greatcrested

sujsuj said:

Thanks for the responses and its been great help from thi Forum.
I checked Title of the property I am planning to purchase its FIRST SCHEDULE says as shown below attachment ..
Last 2 points in the deed  in this section (not attached  here) talks about land separation etc. I am yet to get my hand on neighbouring land's deed which my solicitor have now. I asked some clarifications now. thanks

Well that seems pretty clear hen!

You can download the neighbour's Title document and Plan yourself for £3 each from the Land Registry.