Marking an Easement on a folio map

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galway2014

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When submitting a map to the prai should the folio map mark out explicitly on the map where an easement exists for a neighbour to maintain a wall ? or is it enough for it to be written down but not actually marked on the map ? Our solicitor is insisting it should be marked on the map but the vendors solicitors is saying it doesn't need to be marked on the map.
 
Is the easement actually agreed between the parties or is it being inferred by useage or prescription or such like ?

I am not sure why the vendor's solicitor will not agree to the map being marked if there is actual agreement inter-party. Surely, such a mark would just be corroborative evidence of the substance of the written agreement. Alternatively, and cynically, the vendor might not want it if it alerts successive potential purchasers of that property to the liability if the easement is not in a written form of agreement already.

BTW it might be a good idea to write an agreed easement in such a way as to attach the liability to repair to successors in title of the vendor's property i.e. attach the repair liability to the property as distinct from the present vendor alone.
 
I am surprised that there wouldn't be a legally recommended or customary way of referencing easements in both written and graphic parts of the contract.

Is this a new lot that the vendor created ? (If not, why vary the existing indications on the deeds map ?)

Is the easement leading into another property/lot owned by the vendor, by any chance ?
 
trajan said:
I am surprised that there wouldn't be a legally recommended or customary way of referencing easements in both written and graphic parts of the contract.

Is this a new lot that the vendor created ? (If not, why vary the existing indications on the deeds map ?)

Is the easement leading into another property/lot owned by the vendor, by any chance ?
Click to expand...
The original lot was split in two, one lot contains the original house that was on the lot, the second lot contains a new house. The easement is required so that the side of the new house can be painted etc
 
The original lot was split in two, one lot contains the original house that was on the lot, the second lot contains a new house. The easement is required so that the side of the new house can be painted etc

So you are buying the old house on proviso you allow an easement to the owner of the new house for maintenance works ?

Or are you buying the new house and granting an easement to the old house ?

Either way, if the house you are buying was extant before purchase why didn't an easement exist in its deeds ?
 
We're buying the old house on proviso that we allow an easement to the owner of the new house for maintenance works ?
 
And this easement does not currently exist because the owners of the two houses were previously family/friends and no formal agreement was needed ?

As your household is not (yet?) in this circle of love then I think some sort of formal acknowledgement of the easement is needed.
Let your solicitor tell his counterpart that Mr & Mrs Newey "would prefer" to have the matter formally written in and indicated on the map.
Otherwise I would fear - though legally I have no competence in this matter - that it could become a sticking point if and when you may choose to sell so as to move elsewhere. Prospective buyers from you would have to be told this and would have to arrange something with the neighbouring owners - who may then also be different people to who they are at present. A situation like this may be less attractive to people unrelated to the new house owners to the point of being sold at a significant discount. Of course such an "informal easement" would be no inhibitor to relatives/friends of the people in the new house and they would get a bargain.

Your solicitor seems to me to be quite right in holding firm for you here.
Now you just have to hold with your solicitor as he firmly insists on an above-board easement that's clearly indicated on the map.
 
it should be marked on the map for the avoidance of doubt, by a competent person, that can save a whole lot of hassle later on.
 
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