Solicitor Recommends Drainage Inspection !!

sujsuj

My worry is then  why my very experienced Solicitor is not convinced..??

greatcrested

Well in the pre-Covid days I'd have suggested you pop in to his office, sit down and have him explain, answer you questions.

It's easier face-to-face, but failing that, use the phone and ask him to then cofirm in writing.

This is why I often advise against people using online conveyancing warehouses (not say you have). They are fine, and cheap, when everything is straightforward, but less helpful with unexpected or unusual situations, or where personal explanations are needed.

sujsuj

Ok, Mine is not Online one, due to Covid no difference b/n Online & Local except on cost!

sujsuj

I managed to get access to  documents of neighbouring land as well . That too had exactly same statement as above giveing rights to its neighbouring lands/owners. So overall my understanding is my deed gives rights adjointing land owners and  their deed also gives same right to adjointing land owners including me. So in effect everyone got that right.
My solicirors view are..
-   though same is mentioned other deeds it doesn't state 'in who'se favour these rights are'..? Any Views please
- He is also getting a Statutory Declararion from seller confirming use of drainge system

greatcrested

Your deed specifically states you have rights over "the vendor's" land.

Presumably at the top of the deed it specifies who the vendor (at the time the deed was drawn up) is and hence what land he owned - and hence what land you now have rights over.

sujsuj

Yes, vendors names are there in each deed with transaction date and price. All deeds in the area have same statement gives same rights for utility & septic tank overflow to adjacent land .
Also my solicitor says - easement by implication is  Not a term in English Law its 'American law'. Any comments please

princeofpounds

sujsuj said:

Yes, vendors names are there in each deed with transaction date and price. All deeds in the area have same statement gives same rights for utility & septic tank overflow to adjacent land .
Also my solicitor says - easement by implication is  Not a term in English Law its 'American law'. Any comments please

 https://www.tanfieldchambers.co.uk/2016/02/16/what-is-an-easement-and-how-are-they-created-and-used/

"In some cases, an easement may be created by implication. An easement will only be implied if:

• It is necessary to so imply it;
• The parties had a common intention at the time of the sale of the land that there would be an easement;
• By the operation of s.62 of the Law of Property Act 1925;
• Where the land was previously in common ownership and:
• the common owner exercised over one part of the plot a right which could have been an easement if the plots were in separate ownership;
• the exercise of the right was continuous and apparent; and
• the exercise of the right is necessary for the reasonable enjoyment of the dominant land. (This is known as the rule in Wheeldon v Burrows (1879) 12 Ch D 31) "

http://www.quinnlaw.co.uk/can-still-easement-deeds-dont-say-one/

"Even when there is no express easement granted under a deed it may still be possible for a property to have the benefit of an easement by implication over another’s property.

If certain criteria are met that comply with the rule in Wheeldon v Burrows or the s.62 of the Law of Property Act 1925 an easement will be implied by law. The rule in Wheeldon v Burrows and s 62 of the Law of Property Act 1925 give rise to the acquisition of easements as a result of use of the grantor’s land prior to the relevant transaction."

https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/62

"62

General words implied in conveyances.

(1)A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey, with the land, all buildings, erections, fixtures, commons, hedges, ditches, fences, ways, waters, water-courses, liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of conveyance, demised, occupied, or enjoyed with, or reputed or known as part or parcel of or appurtenant to the land or any part thereof.

etc..."

And yes, greatcrested is right - it does state for whose benefits the easements are made. And that benefit generally runs with the land rather than the person, as a rule.

Not sure your solicitor is totally on the ball here to be honest, although I'm just a layman so perhaps I'm missing something.

sujsuj

Interesting...I found these in  
http://www.quinnlaw.co.uk/can-still-easement-deeds-dont-say-one/#:~:text=62 of the Law of,implication by virtue of s.
https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/62

Very clear now what my solicitor told is incorrect!! What should I do..??

sujsuj

Yes..I found the same & posted without seeing your post..thanks princeofpounds
Now How I should convince/Convey this to my solicitor..? Or just leave it now as we are going ahead anyway and no specific work need to be done for this easement.  Statutory Declaration  I am getting from  seller confirming use of drainage system can be used as proof if any future legal issue.

greatcrested

Your solicitor sounds like he needs to go back to law school!

1) the deed clearly gives you the rights you need

2) easement by implication is UK law