• Whether An Easement Should Be Included In A TP1

    By Guest on 29th Jun 2016

    I am doing my own conveyancing and selling off part of my property, some arable land at the back of my house.
    The electricity for my house runs through a cable which crosses through the south eastern part of the land I am selling.
    I am considering what conditions should be included in the TP1 and wonder whether it is necessary to include a clause in the TP1 reserving this easement or will it be implied by law?
    If it has to be entered as a clause in the TP1 what wording should I use?

  • 1 Answers

    By Guest on 03/07/2016

    Hi,

    If you fail to grant a right to the purchaser which is in use at the time of the sale then the law may imply a grant in favour of the buyer but the reverse doesn't apply so you will need to expressly reserve any rights you need. I would suggest, in the section Rights Reserved, "the Transferor reserves for the benefit of Transferor's retained land a right to use any pipes cables wires or other conduits which pass over or under the land hereby transferred as well as a right on giving not less than 48 notice except in the case of an emergency of access to the land hereby transferred with or without workmen in order to repair maintain renew or replace the said conduits"

    You should define Retained Land in the transfer deed.

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