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Easements. What would you do?
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mgabriel
Posts: 14 Forumite

Hi,
I am in the process of buying a property that is almost perfect for my needs.
Everything during the conveyancing and mortgage process went smooth, until I had the curiosity to pay and download the title deeds for this house as the solicitor is not yet ready with the title report so I can't ask him about this at this time.
I am quite shocked about the findings.
The writing is 'strange' so I used ChatGPT to explain what's in there.
In summary the land south+west of this property is used by a retirement development (two story buildings), and the owner has the right to built anything on their land, even if the buildings are blocking the light or airflow to the property I am buying.
Basically there is no right of light or air (I am not talking about views here).
The house has been on the market for almost a year now, and it had a buyer who pulled out for 'no reason' related to the survey according to EA.
There is no planning application to modify the buildings in the retirement development at this time, so at least in the near future there won't be a problem due to this easement.
What would happen if the owner will decide to build some tall buildings and simply block the light to this house?
Will the council through planning be able to do anything?
What would you do in this case?
Would you continue or cut your losses and find something else?
Thanks!
I am in the process of buying a property that is almost perfect for my needs.
Everything during the conveyancing and mortgage process went smooth, until I had the curiosity to pay and download the title deeds for this house as the solicitor is not yet ready with the title report so I can't ask him about this at this time.
I am quite shocked about the findings.
The writing is 'strange' so I used ChatGPT to explain what's in there.
In summary the land south+west of this property is used by a retirement development (two story buildings), and the owner has the right to built anything on their land, even if the buildings are blocking the light or airflow to the property I am buying.
Basically there is no right of light or air (I am not talking about views here).
The house has been on the market for almost a year now, and it had a buyer who pulled out for 'no reason' related to the survey according to EA.
There is no planning application to modify the buildings in the retirement development at this time, so at least in the near future there won't be a problem due to this easement.
What would happen if the owner will decide to build some tall buildings and simply block the light to this house?
Will the council through planning be able to do anything?
What would you do in this case?
Would you continue or cut your losses and find something else?
Thanks!
0
Comments
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Yes, the wording has nothing to do with any planning considerations, just any property rights as between the neighbours.0
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This is really standard and not something I would worry at all about.0
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It sounds like the retirement development own the land, so they'd be able to build there anyway subject to planning permission. That doesn't seem unusual.
Is your conveyancer worried about it?0 -
My solicitors are not worried, I was the one worried:)
They advised that any building should go through planning permission and you can't just build anything you want, regardless of the easements in the title deeds, as you said.
Thanks for replying!
0
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