Jun
02
this right of way has been devided in halve between myself and my neighbour, permission was granted,now build on on my halve,neighbour verry happy with all this,the problem is she wants to sell and need her deads endorsed,how do I go about doing this without a solicitor as I am going to pay for this, can you help thanking you in anticipation regards George brehm
Are you thinking about selling your home yourself? then
For your own protection you should take any document that needs to be signed to a solicitor. It shouldn’t cost too much just to have the deeds reviewed. And, while you’re there ask the solicitor about the advisability of giving permission to build on your portion of the easement. Good luck.
If I am understanding you correctly , you have made a verbal agreement with your neighbor? Now she is selling and needs to make it a legal document. She needs to have her solicitor write up an Easement Agreement and have it recorded in the government office that deals with property deeds. This Easement Agreement will have to be included in her property description when she sells. Ask her for a copy of the agreement after she has it done. If you have knowledge of property descriptions either you or the other party can write it up ( or her Realtor ). It does not have to be done by an attorney.The people who can legally draw up the document are: the grantor (neighbor), grantee,(you) real estate agent, or attorney.
ADDED: you cannot build on an easement because what an easement is , is the permission for you to use this property for ingress and egress ( in other words access to your property), the neighbor will still be the owner and pay taxes on this property. the neighbor will also be liable for any costs incurred to have the easement drawn up and recorded.
Why should you be liable to pay for these services..she/he is moving/selling..not you….Any expenses occured becuase of her decision cannot make you liable to pay..