KTM Neil

no we will be keeping the existing property (we currenly live in it) and will be renting it out once the new build is completed (i know not ideal to live next door to your tenant) and moving into the new house, yes the mortgage we are having issues with is on the house we are building, we have the offer etc but the solicitor has advised us of that before all the boxes can be ticked we need to create the easement. i will call them on monday and discuss this. Our solicitor advised us to not contact them yet as it may start alarm bells ringing, I have no idea why, All is above board and im sure they have dealt with it a thousand times as its a specialised self build mortgage provider!. Thanks for your input

Thanks Peter for your reply, Please forgive my ignorance in this matter, My understanding of your reply is that if i was to say rent the land out and become the owner only then i can create an easement, Im thinking rent it to a family member for say two weeks with the necessary contract etc and in that time create the easement. Neil

Thanks Nick, I have been browsing this site for a while now, seen a lot of good advice given out.

We are currently building a detached property on land which was originally part of the garden of our house which we still own, Access to the new dwelling is to be via a shared drive which will remain on the title of the original house. We need to create an easement for right of access across it. The original title has already been split into two seperate titles via solicitors,land registry etc. The issue we have is that the mortgage company require these easements to be in place to release the money which we now are in desperate need of as the roof is due to go on next week and our personal funds are now low. Our solicitor is advising us that we cant create an easement from ourselves (myself & wife) to ourselves as both our names are on both titles, you cannot be the dominant tenement and servient tenement. There recommendation is to remove one of us from the current houses title/mortgage and then we can create the easements, This seems bizarre to me and will take time that we really do not have at this stage, I have spent hours online searching for an answer to which i cannot find and desperately hoping of a way to appease the new mortgage company. Should we decide to sell either property then this will not be an issue as the easement would be created with the new purchaser and ourselves. Hoping someone else on here has dealt with this issue and has an easier faster solution for us. Had the solicitor who split the original title informed us of this we would not have put both our names on the new title created. Thanks Neil