deed of easement extras question.

adm2006

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My sister is buying an apartment in an 10 year old complex.
Her lawyer is holding up the sale because she (the lawyer) says that although there is a deed of easement , a supplementary deed is required to say there is a legal right of way to access/repair pipes in common areas.

The seller's solicitor says this extra deed is not neccessary and my sisters solicitor is simply holding up the sale.

So I wonder who is right? And how is it possible that solicitors could disagree like this.

Any opinions appreciated.
 
Impossible to say who's right without sight of the deeds, but I know of at least one apartment block where everything outside the apartment walls is the management companies remit, so the question of easements doesn't arise, other than a right to connect the services, and right to use the common areas. A right to tamper with pipes in the common areas would be unusual enough imo. Think of the possibility of damaging other apartments water supply

The difference of opinion arises because solicitors are defending their respective clients interests. Conveyancers have also become far more cautious than they were a few years ago, perhaps too cautious, in some instances.
 
Dead of easements happens at initial purchase.
if this is a second hand apartment, the deed has already been dealt with, you purchase subject to that deed.
It is your commitment to abide by the management company's rules and to give reasonable access to them, via your apartment, to perform maintenance or emergency work on the shared services.
Ask your solicitor how much conveyancing he has done.
Check with the Land Registry or Registry of Deeds as to the nature of the easements registered on your prospective purchase.
Take good notes and quote same back to your solicitor...if it transpires that he is misunderstanding the nature of Lease's of Easements, then he'll be quick enough to cop on.
If not, ask the Law Society to take a look, you are entitled to a second opinion or question his abilities.
For others thinking of buying - check out your solicitor well before employing him....some are better at conveyancing than others
 
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