There are a variety of issues that can affect the title to a property and our specialists regularly advise clients on the best way to proceed using a pragmatic approach.
One of the main issues we see is related to boundaries, these may be legal (with title deeds) or physical (a fence or wall). Our specialists will review the relevant documentation to help you identify unclear boundaries. Should there be any irregularities or if a dispute arises, we have highly experienced lawyers who will help you to find a solution.
The land may benefit from easements (or may be subject to easements). An easement is a right over someone else’s land for a specified purpose. It is attached to a piece of land in order to protect it or benefit it. It could relate to:
- Rights of way (which allow access across land by someone who does not own the land, often either the general public or a neighbour)
- Rights of light (which protect light received through windows in existing buildings)
- Rights to support or protection
- Rights for passage of water (for example, drainage or a fresh water supply) and other services
Our specialists will help you to establish whether an easement affects, or benefits, land that you own or are intending to acquire. Rights of light can be a particular problem with regards redevelopments and should be considered if planning an extension.
If you currently have rights over another property, you may decide to release them. You should take legal advice before finalising matters so you are aware of the implications of relinquishing your rights and so that your best interests are fully considered. At Hart Brown, we are experienced at assisting clients with releasing their own rights over a property when requested.
Other matters that may burden, or benefit, land include restrictive covenants. A restrictive covenant is a condition that restricts, limits, prohibits or prevents the actions of a landowner. Ultimately, they restrict how land can be used. For example, a restriction could prohibit the use of the property for business purposes, or it may limit development or alteration of the property. If you are buying a property, our solicitors will help you to understand the effect of any restrictive covenants which may affect your decision to purchase the property. We also have a specialist property disputes team who can help you to resolve any disputes that may arise regarding restrictive covenants.
To discuss this or any other property related matter, please call or email us today.