Plot – easement help!

[JackOrion]

We're looking at a plot whereby the vendor is selling a portion of their garden. He got full planning permission, and put the plot up for sale, though the boundaries of the plot are very tight around the proposed house to the extent that we (and our architect) believe it wouldn't be worth pursuing as is.

 

We've spoken with the vendor who is open to us extending the boundaries, on the condition that he can access the steps to the park at the rear of the plot (crossing our land to do so) so he can walk his dogs! He is elderly and a nice fellow, who I suppose is struggling with the idea of losing that access (the alternative, walking around our land, would involve a fair climb up a rural road)

 

He is happy for this arrangement to exist only for as long as he resides in his current house. It would not effect the proposed building as it's the other end of the plot he wants to be able to cross (about 15m stretch of our land)

 

• Am I correct that this would have to involve a right of way / easement in the Title Register?
• If so, is it possible for this easement to be targeted at an individual (i.e. not carried over to the new owner of his house should he sell up...e.g. ... "this easement shall exist for Mr Brown for the period he resides at 123 Church Road")
• Could this be restricted to a certain area of our land? Or would it be the whole area?

 

Any other words of advice here would be much appreciated... a potential minefield I'm sure (!). Thanks as ever.

[Ferdinand]

That looks less minefieldy than most since one party is happy to a term defined easement, rather than having wrangles. I think a ROW can be peronalised, effectively so eg not binding on successor, but it is all in the firstly the agreement when both parties must be happy, and b in the legal detail faithfully expressing that agreement.

 

I would perhaps try and define on ownership not occupancy, since eg if he went into hospital for a year and came back. I may also seek to limit to some sort of personal right .. if let etc. No idea how agent type law would apply to invalid with personal right eg if your chap has a major illness and hires a dog walker.

 

They are likely to have the right to change the surface eg ramp not steps under their Dominent User Rights.

 

It looks like a good position to be negotiating in, as the balance feels quite equitable. Just my opinion etc but overall fairness matters.

 

You need advice from your own solicitor on the nitty gritty. They should have library wordings etc.

 

All just opinion.

Edited January 27, 2018 by Ferdinand

[MikeSharp01]

I would think you could be creative here and just have a legal agreement, not attached to the property, that allows him access across the land that he could enforce. If you ever come to sell you could then pop it into the deeds with all the other legal stuff always supposing the issue still exists as time has a habit of changing situations.

[JackOrion]

Thanks for the replies here. The vendor has agreed in principle to most of the boundary changes, with us granting him access as required, which is good news.

 

The one small slither of land he's questioning moving the boundary on is the only issue now... we're keen to buy it if possible to prevent potential of the next owner of his house extending out into it (this could have a big effect on our outlook). We're not planning on developing or changing this section of land, it would be purely in the interest of protecting our view, which is the main draw of the plot.

 

He did mention at one point we could move the boundaries further whenever he sells up! But don't think he's keen to move this boundary in particular in the initial sale. Probably in the interest of protecting his view, truth be known.

 

Are there any options we could suggest now such as:

 

• we buy it, alongside a written agreement that we won't change or use this section of land while he's there;

• we don't buy it now, but have an option to buy this extra section at pre-agreed price when he sells up;

• we don't buy it now, and the boundary moves to include this section automatically once he sells up.

 

Are these kind of agreements common in cases such as this? I've a feeling something like this might be the compromise he's looking for.

 

Waiting to hear back from the solicitor for advice, but any other input appreciated as ever.

[Ferdinand]

On 07/02/2018 at 14:20, JackOrion said:

The one small slither of land he's questioning moving the boundary on is the only issue now... we're keen to buy it if possible to prevent potential of the next owner of his house extending out into it (this could have a big effect on our outlook). We're not planning on developing or changing this section of land, it would be purely in the interest of protecting our view, which is the main draw of the plot.

 

If you were trying to buy that from me, and the boot was on my foot as the vendor, the price would be at least the extra potential net value added to my house by such an extension plus something for the potential loss of value should you extend plus something for your potential gain should you extend plus something because you clearly want it.

 

ie could be expensive if he is well advised. Your best tactic might be to plonk a large sounding sum on the table as a way of clinching the whole deal and keeping attention slightly off the extra bit you want ... eg "we will add (eg) 15k or 25k or 50k if you include *this* and to wrap this up by next month.

 

I think such agreements can be done, but need careful handling to be right and avoid loopholes and may well cost you extra hundreds of £££ to have drawn up by a suitably experienced solicitor. Simpler and neat and tidy and tied-up is always better if you can do it. Potentially you could try something else which will stop him building on it in future - parking space or garage on a long lease as a capital sum + peppercorn rent, but that is more complex.

 

Good luck, however. Be glad that you aren't in Sandbanks where a tree naturally removing itself and unblocking the view can add an estimated £250k to the value.

Edited February 14, 2018 by Ferdinand

[Ferdinand]

You aren't in Sandbanks, are you .... ? !