Easements/Rights – Would you buy a property that did not have access?
It would seem obvious that when you purchase a house that you have access to the property. However this does not always happen automatically and it is absolutely essential that rights of way and any other easements necessary to the title, use and enjoyment of a property are investigated at the outset. This is extremely relevant in relation to estates, housing developments and apartment developments.
This is also very important to any bank or lending institution that is funding a purchase. The purchaser’s solicitors must ensure that the rights of way or easements comply with the requirements under the legislative provisions of the Land & Conveyancing Law Reform Act 2009 as amended by the Civil Law (Miscellaneous Provisions) Act 2011. In short, if a property has the benefit of a right of way which has been used over a number of years but remains unregistered, an application must now be lodged with the Property Registration Authority to Register the said right of way. If this it is not done within the time laid down in legislation the rights of way will be lost and the property may end up landlocked and unsalable.