Easement

[Tinathomp1]

[IMG]https://legalbeagles.info/forums/image/gif;******,R0lGODlhAQABAPABAP///wAAACH5BAEKAAAALAAAAAABAAEAAAICRAEAOw==[/IMG] Could you please tell me what these paragraphs mean on these title deeds. Does it have anything to do with an easement of right of way?

[Tinathomp1]

Could you please tell me what these paragraphs mean on these title deeds. Does it have anything to do with an easement of right of way?

[echat11]

Hi TINA

des8 Can you please take a look and advise, many thanks.

[des8]

The easements mentioned in the 2nd schedule paragraph 2 of the Housing Act 1980 do not refer to "rights of Way". They are dealt with in Paragraph 3.
The easements referred to are those benefitting you and neighbouring properties for light and air and utilities and right of support for buildings (important if you are semidetached!)

[IdefixUK]

Hello Tinathop1,
The title deeds that you already have may well state " copy filed" or similar wording. This means that the Land Registry hold on file some information which is not available by using the £3 down load version. To obtain a copy of the filed papers you need to apply by filling in a form which you can download from LR. You will need to include a cheque for £7 ( unless there has been a recent increase). When councils sold off housing stock to existing tenants under the right to buy legislation they had to sell the houses with any existing rights or benefits the houses had over neighbouring properties ( and visa versa). It was not uncommon in the housing stock of councils to find that driveways were often shared, and alleyways and paths crossing to the rear of the properties was used by neighbours ( often several, in the case of terraced houses) to access back doors/gardens, and make deliveries of coal etc. Unless the use of such routes was explicitly excluded from the transaction which transferred the property out of council ownership then you can be pretty sure that the right to use them still exists in law. A right of way over neighbouring property is a property right and is to be thought of as existing forever: disuse of such a right ( even for many years) will rarely (never)cause the right to be lost. In effect your house may benefit from a right of way over the propery of your neighbour(s), and equally neighbouring propertiesmay own a rights over yours. On the sale of council houses it is possible that there is no route of rights of way marked out on the title plans of the properties involved, but that doesn't mean they don't exist if these routes were in use by the householder tenants before the sale.
i hope this makes some sense to you.