A surfeit of rights on this Conveyancing in Southampton?

Conveyancing Solicitors undertaking Conveyancing in Southampton are always on the alert to make sure that a house has the benefit of all necessary rights or easements over any adjoining land. If a property adjoins a public highway and has direct connections to public sewers and other services in the road then no other rights will be necessary. However many homes drain into pipes which run beneath neighbouring properties, and where there is no direct access to an adopted highway a private right of way is required.

Property Lawyer Joanne Yamat was pleased to find that the land registry title for a house on Upper Northam Close, Hedge End, Southampton SO30 4BB seemed to show that previous deeds had granted all the easements which might possibly be needed. This was in connection with the Conveyancing in Southampton that she was undertaking for clients Mr and Mrs P, who had agreed to purchase this detached freehold residence through Richmonds of Lankester House, 1 Freegrounds Road, Hedge End, Southampton SO30 0HG.

Conveyancing Solicitors Eric Robinson and Co of 5A St Johns Road, Hedge End, Southampton, SO30 4AA were acting for the sellers and sent Joanne a copy of the title. This showed that the building had been erected some 10 years before, and was apparently one of a small development of three.

Rights uncovered during Conveyancing in Southampton

The register included the following extensive easements:

(05.01.1999) The land has the benefit of the following rights reserved by but is subject to the following rights granted by a Transfer of land adjoining the northern boundary of the land in this title dated 24 June 1994 made between (1) Percival Bowen Jenkins (Vendor) and (2) Martyn Dunsford and Barry Turner (Purchasers):-

"THE PROPERTY is transferred TOGETHER WITH the full and free right of passage and running of water soil gas electricity and other service to and from the Property through the pipes drains sewers wires and cables which are now or at any time within eighty years from the date hereof shall be laid through the land edged blue on the said plan ("the Retained Land") but not through that part crosshatched blue on the said plan and also the right to enter onto the Retained Land (except as aforesaid) on giving previous reasonable notice of such intended entry for the purposes of making connections to inspecting repairing maintaining or renewing the said pipes drains sewers wires and cable making good forthwith all damage occasioned thereby Provided That any connections are to be made in positions to be previously agreed with the Vendor so as not to interfere with any existing or proposed building on the Retained Land.”

“NOTE: The land in this title forms part of the Retained Land edged blue referred to.”

“3 (05.01.1999) The land has the benefit of the following rights reserved by a Transfer of land forming part of 5 Upper Northam Close dated 31 December 1997 made between (1) Percival Bowen Jenkins and Mary Eva Louisa Jenkins (Transferor) and (2) John Walter Hill and Bridget Mary Hill:-

SUBJECT TO an exception and reservation in favour of the Transferor and their successors in title to the remainder of the land comprised in the Conveyance for the purpose of identification only shown edged blue on the plan annexed hereto (hereinafter called "the Retained Land") of a full and free right of passage and running of water and soil from the Retained Land or any part or parts thereof through the pipes drains or sewers which are now or at any time within eighty years from the date hereof shall be laid through the Property and also the right to enter onto the Property giving previous reasonable notice of such intended entry for the purposes of constructing laying inspecting repairing or renewing the said pipes drains or sewers and making connection to the main sewer running through the Property and making good forthwith all damage occasioned thereby".
“NOTE: The land in this title forms part of the Retained Land edged blue”

This was very reassuring, and made a welcome change from the usual absence of relevant information.However it did appear that these provisions might actually have been redundant. The local search showed that Northam Close was adopted, and a drainage and water search from Southern Water indicated that a public sewer ran along the rear of the garden, and that the water connection was direct from the main.

Joanne’s received satisfactory replies to her other enquiries and she was quickly able to conclude this Conveyancing in Southampton as soon as everyone had agreed the completion date.

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