At Preston Redman we can advise you on:
- Ensuring proper rights of way are in place to access a property.
- Effect of covenants and enforceability of covenants over a property.
- Interpretation of boundaries and advice in the event of a boundary dispute.
Rights of Way
If you are buying a property we can check that proper rights of way to reach it are in place.
We will check on a purchase whether the right of access to a property is over a public highway where vehicular and pedestrian access is allowed. If access is over private land we will check whether the relevant easement rights are in place. Easement is a technical term for a grant of rights and that can include pedestrian and vehicular rights of access. We will be able to check and advise on the arrangements for maintenance and repair of accessways. It is important to establish that there is a procedure in place with somebody allocated to carry out the repair, and also a system for collecting payments for the repairs.
Sometimes easements can be established through long term use of a right of way and we can advise whether an easement may have been established.
Where a property is found to lack a right of way we can often arrange a suitable lack of access indemnity policy to enable a purchase to take place. These are usually relatively inexpensive. We can arrange for appropriate quotations from a range of insurance companies.
On leasehold purchases we will check that the necessary rights of access are granted over privately owned communal areas and the interior parts of the property to reach your flat or apartment.
If you have problems with people claiming rights of way over your property we can assist you.
Covenants
Covenants are obligations which can be imposed in relation to a property. When you purchase a property we will advise on any covenants which you must observe. These can include:
- Restrictions on the type of building work which is allowed at the property.
- Obligations to maintain boundaries at the property.
- Obligation not to cause a nuisance or annoyance.
- Obligation to keep gardens in good order.
- Any restrictions on building, outbuildings or erecting sheds.
- Obligations not to carry out excavations at the property.
- Obligations in relation to having obscured glass windows on some sides of the building.
- Obligation to allow utilities providers to have access to the property.
On a leasehold purchase there is typically a long list of covenants governing such things as:
- Repair and decoration responsibilities.
- Restrictions on alterations.
- Restrictions on keeping pets.
- Obligation to pay ground rent.
- Obligation to pay service charge.
- Obligation to use sound deadening floor coverings.
- Restrictions in relation to hanging of washing on balconies, terraces etc.
If you are a seller or a landlord we can assist you in drafting suitable covenants in sale documentation.
We will explain the effect of covenants in plain English.
Boundary Issues
We can assist you with interpretation of any boundary responsibilities and our litigation department can also deal with boundary disputes. We can advise on Land Registry procedures and requirements and the Land Registry “general boundaries” rule. We can liaise with specialist surveyors in this area.
Why choose Preston Redman?
Preston Redman combines property law experience with wider company, commercial, trust and litigation expertise. We have a very experienced team which has been advising on a broad range of property matters for many years.
We aim to give you clear advice in plain English. You will find us approachable if you require clarification or further advice on any aspect of your property transaction.
We combine technical expertise with advice which is delivered with care. We understand that a property transaction such as a move of house can be a stressful experience. We aim to remove the stress burden and to guide clients through each stage. Contact us today.
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