A recent case is a reminder of the importance of ensuring that rights, which a property may need to fully enjoy that property, must be properly granted at the time the property is purchased.
The case involved a boundary dispute and a claim that a property which was used as an equestrian business enjoyed a right of way over neighbouring land which was used for shooting purposes.
In law a right of way can be granted expressly by deed or in some cases it can be implied when a person sells off some land and retains adjoining land. The applicants in the case were trying to assert that their land enjoyed this important right by implication. The court held that the claimants had not established that they had the rights of way which they claimed. The rights claimed had not been granted to them expressly, or by any process of implication.
The case illustrates the vital importance of ensuring that your solicitor establishes that a property you are buying enjoys all of the rights that are needed for the property to be used as you require. Let your solicitor know your intentions regarding a property before your purchase.
To discuss these and other property related issues contact us.