• Should My Conveyancing Solicitor Have Checked The Deeds For The Neighbouring Dominant Land When We Purchased Our Property Which Owns The Serviant Land?

    By Guest on 19th Feb 2019

    We bought our house in 2016. We own a large drive which has three garages on. Two of the garages belong to our neighbours. Our deeds give permission to our neighbours to pass on foot and by car to access their garages. However the deeds for one of our neighbours properties say they have permission to park on the drive. Our deeds were issued first (as our property was sold first when all 3 properties were built in 2003) so land registry have said our deeds must give the right for it to be enforceable. Our neighbours solicitors have now written to us to ask us for our thoughts on the matter as they want to formalise their right to park. Question is, should our Conveyancing solicitor have cross checked our neighbours’ deeds given that they have a right to pass over our land on foot and by car? At which point the discrepancy would have been spotted.

  • 1 Answers

    By Guest on 20/02/2019

    No, they would only examine your property and your deeds. They would not provide an additional service to examine other properties unless you expressly instructed them to do so (and paid them for the extra work). If there is an error in your deeds you may wish to check if HM Land Registry have any liability for their error.

    www.notaryexpress.co.uk

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