Conveyancing in Leicester not delayed by lack of a right of way

An occasional problem sometimes encountered when Conveyancing in Leicester is the absence of any mention in the title of some legal rights over other property which are clearly necessary for the use and enjoyment of a home. This might be for the use of a path or roadway providing access, or the use of drains or other services over land belonging to other people.

Such rights are known to Property Lawyers as easements, and there is a substantial body of law relating to them and how they can be acquired. If title is registered at the land registry then details of any which benefit or affect should be noted on the register, but sadly that is often not the case, whether Conveyancing in Leicester or anywhere across Leicestershire and the UK.

Conveyancing Solicitor Laura Gill was carrying out the Conveyancing in Leicester for the owners of a former council-owned residence on Herthull Road, Thurnby Lodge, Leicester LE5.  A copy of the title was downloaded from the land registry’s e-service portal, which enabled Laura to complete preparation of the contract and send it to the buyer’s Solicitors as soon as she had received the sales details from agents William H Brown of 16-18 Halford Street, Leicester,  Leicestershire LE1 1JB.

Premier Property Lawyers of 4 Thorpe Way, Leicester, LE19 1YR were representing the purchasers, and they spotted that the plan appeared to show a pathway providing access to the rear garden crossing an open area adjacent to the rear boundary. This path was not part of the public highway, but there was no specific mention of it in the title entries, so they asked Laura to obtain more information about it.

Laura spotted this entry in the property register:

“The Transfer dated 25 September 2000 referred to in the Charges Register was made pursuant to Part V of the Housing Act 1985 and the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed and the easements and rights specified in paragraph 2 of Schedule 6 of the said Act.”

This entry is always added by the land registry when homes are sold by local authorities. The 1985 Act and Schedule 6 contains provisions so that all necessary easements which should benefit a dwelling are automatically implied on a sale under the right-to-buy provisions of the legislation, even if they are not specifically set out in the transfer deed.

Laura pointed this out, and that the purchasers would be entitled to use the path without any problem, even though it was not otherwise referred to in the deeds.

As there were no further legal difficulties this Conveyancing in Leicester was soon completed and Laura’s clients were happy to move to the new home that they were purchasing.

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