Terraced House Easement Issue

[rustbucket]

Hi all

Am wondering if anyone has any experience of anything similar and if so how quickly can it be resolved

Am selling my house and have been sale agreed for a number of weeks. All going well until today when an issue has been brought to light by purchasers solicitor.

I live in a terraced house. The issue is that my neighbours is a 4 bed and mine is a 3 bed. The neighbours extra room encroaches over the area where my front door is, so in effect, when you walk in my door, directly above your head is the neighbours bedroom. (I think this is because originally where our doors are was a shared access to the back gardens which at some point in the past was converted to two front doors)- All the houses in our estate are now like this as well as others in ex council estates around the area.

When we purchased our house around 8 years ago this issue never arose. It has arisen now unfortunately as the layout of the houses does not match the title (not sure if this is the correct terminology)

Am told by our solicitor that an easement of the title needs to be added to allow access to either property for the purpose of maintenace/repairs should something go wrong in either property. For example if a leak in the neighbours room above affects our ceiling etc. Although this is information being passed on to him by purchasers solicitor

Does anyone else have any experience with this? I really dont want it to slow down the sale and am happy to do whatever is required its just something neither my own solicitor, estate agent or myself are familiar with. It involves getting the neighbour to co sign a legal document prior to sale going through.

Thanks for any help or advice

 

[Branz]

Well it seem neither your current solicitor nor the one you had when you bought are up to speed.
You should not have been allowed buy without it.
If I understand you correctly
Your neighbour is called the dominant tenement is the land benefited by the easement and you are the servient tenement is that over which the easement exists.
So is it not up to the neighbour to provide proof of the easement.
http://www.prai.ie/registration-of-...e-acquired-by-prescription-under-section-49a/
may help

You could worse than call them to get a fix on the process and time scale

 

[rustbucket]

Well it seem neither your current solicitor nor the one you had when you bought are up to speed.
You should not have been allowed buy without it.
If I understand you correctly
Your neighbour is called the dominant tenement is the land benefited by the easement and you are the servient tenement is that over which the easement exists.
So is it not up to the neighbour to provide proof of the easement.
http://www.prai.ie/registration-of-...e-acquired-by-prescription-under-section-49a/
may help

You could worse than call them to get a fix on the process and time scale

Thanks for that link. Very useful. All solicitors are at least now in contact with each other about it and it seems to be moving. I will give them a call though to see how long the process normally takes