Grant of Easements

Hello all,

I am currently having an issue with regard to the purchase of a new apartment in the Blanchardstown area. My solicitor - based in Cork - has advised me not to sign and pay the 2nd installment for the property based on the fact that the Builders Solicitors are refusing to furnish him with a Grant of Easements. My solicitor claims that this is a standard requirement for any house purchase and he cannot understand why the builders solicitors are refusing to give it to him. The initial request was made back in October and on each subsequent occasion, the builders solicitor has refused to answer.

I have a few questions:
How important is a Grant of Easements? My solicitor is based in Cork where it is apparently seen as essential. Is it as important in Dublin?

Why would a builder and/or his solicitor refuse to furnish my solicitor with a Grant of Easements? Is there any advantage in doing this?

I got in early on the development and the same size apartment on Phase 2 is currently being sold for @ 15k more. The builder's solicitor made a statement that there were a lot of people behind me in the queue who "wouldn't cause trouble". Is it possible that they are holding out on this in order that I will walk away and they can pocket an extra 15k?

Any advice that anybody could provide on this matter would be greatly appreciated.

Thanks in advance...

An easement is basically a right of access to a property or a right to lay services to a property. So worst case here, your solicitor is saying that while you are buying your apartment, you are not being given the right to access it or to have services going to it. Obviously this would be very bad indeed and your solicitor would be quite right in advising you to take a stand until it is rectified. But it could also be a grant of easements over a second access to the property, or it could be that the legal framework is not structured exactly the way your solicitor would prefer- you really need to sit down with your solicitor and ask her or him to explain it to you. Needless to say, your solicitor is acting for you and is ensuring that you obtain proper title, and title is the same in Cork, Dublin, Donegal or wherever, so listen carefully to what they are telling you.

I would agree with vanilla's comments. I am not an expert in conveyancing, but you should certainly speak to your solicitor to have this clarified.

An easement is a right to use land where you do not have title (own) the land without fear of trespass. For example, if you bought a house in the middle of a field, you're driveway to the open road may be by means of an easement over anothers land. This could also apply to companies like the ESB, whereby they can access land with out fear of prosecution for trespassing.

I assume this would apply to commercial properties - you do not know what deal the developer made with the land purchaser, there could be any sort of issue or dispute surrounding the land. By carrying out due diligence, I think your solicitor is quite right in requesting disclosure of documents that should be stanrad in conveyancing.

To answer your questions:

How important is a Grant of Easements? My solicitor is based in Cork where it is apparently seen as essential. Is it as important in Dublin?

I would think it is a country wide requirement. You should know up front all issues surrounding the property and any issues that may effect you long term, after the sale has closed.

Why would a builder and/or his solicitor refuse to furnish my solicitor with a Grant of Easements? Is there any advantage in doing this?

By not disclosing these, the builders solicitor could be hiding something, there could be restrictions for the use of the easement that may affect you, or there may be a dispute with the land owner over ehich the easement has been granted. Get this checked out with you solicitor.

It could be cork has ground rent and dublin does not or something like that . It steh fact that the othe rrefused when they could have demurrred thats of note.

Thanks for the responses on this. Much appreciated.

Current situation is as follows:
Builder has advised Estate Agent not to sell house to me as we are 'delaying the signing'. What I did not state earlier is that I originally laid a deposit on this new property in March 2005. To walk away now would mean losing the capital appreciation that has built up on it. We got in at the start of Phase 1 on these properties. I spoke to the estate agent and put it to him that the fact that the house could be sold on for an extra 20k might have something to do with the refusal of the solicitor to furnish us with standard documents. He was unable to come up with another reason. At this stage, I have contacted another solicitor who has dealt with properties in the same development and he is going to look at it.

Will keep ye updated.

Thanks again...

Do some solicitors actually talk to each other or do they just communicate in writing all the time? In my recent purchase I got the distinct impression that there are never actually conversations only 'communications'..Perhaps if they actually spoke to each other they could get things resolved? Hmmmm asking too much perhaps?

Presumably all the other apartments are being sold, and title is being vetted (and accepted) by other Solicitors acting for purchasers. You should press your Solicitor on this, and have him ring the other Solicitor in your presence to discuss the issue so you can gauge whether they are, in fact, communicating. It all sounds a bit like a storm in a teacup, except of course you could lose out.

Try and get to the bottom of what the easement is for. Generally a grant of easement is only required for title purposes if the property to which you are getting title is landlocked, so that a third party (or third parties) own all the property surrounding your property thereby potentially blocking your access to your property. Under the Doran case the Vendors solicitors is under a duty of care to you and must disclose this fact or else would be potentially negligent. So it is hardly in the builders solicitors interest not to disclose this, and therefore not to provide you with a grant of easement if such was required.

Hi Everyone,
I admire you assistance and hope that you might be able to shed some light on an issue that I have...or may have if i proceed.

I own a land locked piece of ground that i would be happy out to build a house and set up home there. The trouble is I dont have access. The obvious access would be via a lane way that is own by a guy who lives abroad. This laneway currently serves 10 private houses. If he would sell me access or a right of way it would mean being house 11 on the laneway by making an entrance, digging through 20ft of scrub /bushes into my site...All perfect in theory but! Yip the guy wont sell me the entrance / access / /right of way. Its a lovely site so he says while he wont sell me access he will buy my site for 15k!!!! about 10% of its value even in todays market....Im not god st these dealings but it REALLY irritates me when this guy says with a giggle ' Sure its no good to you mate when you cant get into it'......Every part of our correspondances have been civil but i do find it dissapointing that this guy is holding me to ransom. More so as he is extremely wealthy and im on the opposite side of the scale.....I asked a friend of my best friend and he altho not a expert mentioned things like 'Easements' Easement of Necessity' 'Right of Way' Prescription Act erc etc etc......

So folks can anyone help out here? Can i use the laneway which others already have a right of way on? Do people like me who have a landlocked site have rights to go thru other peoples lands? There is no right of way on the deeds etc.....I would never think of going thru someones garden etc but this is basically going tru nettles and briars and would not pee off anyone.....
Anyhow ide love your help

Thanks