40. Rights or arrangements over neighbouring property
Rights or arrangements over neighbouring properties refer to legal agreements or entitlements that grant certain privileges, access, or use of another person's land or property. These rights may be established through formal agreements, easements, covenants, or statutory provisions and are intended to regulate interactions between adjoining landowners, ensure equitable access, and facilitate the enjoyment and use of properties.
Rights of way
- Public rights of way: Public rights of way are established routes or pathways that allow the public to pass through or across private land for specific purposes, such as footpaths, bridleways, or highways. These rights are typically established by law or historical usage and may be subject to legal protection and maintenance obligations.
- Private rights of way: Private rights of way grant specific individuals or entities the legal right to access or traverse certain routes or paths across neighbouring properties. These rights may be granted through express easements, implied rights, or historical usage and are typically documented in property deeds or conveyancing documents.
Access and egress
- Access arrangements: Access arrangements govern the rights of property owners to access their land or properties through neighbouring properties for purposes such as maintenance, repairs, or development. These arrangements may include shared driveways, access roads, or pathways that provide ingress and egress to multiple properties.
- Servitudes: Servitudes are legal rights or interests that grant one property owner the right to use or benefit from certain aspects of another property, such as access to utilities, drainage, or support structures. Servitudes may be established through formal agreements, easements, or statutory provisions.
Support and encroachments
- Support rights: Support rights ensure that neighbouring property owners provide adequate support and protection to adjacent structures, buildings, or land to prevent subsidence, settlement, or damage. These rights may include obligations to maintain retaining walls, boundary structures, or party walls that provide essential support.
- Encroachments: Encroachments occur when structures, buildings, or improvements on one property extend or encroach onto neighbouring properties without proper authorisation. Encroachments may give rise to legal disputes, liability issues, and the need for boundary adjustments or corrective measures.
Relevant documents for property sale
When selling a property with rights or arrangements over neighbouring properties, it is essential to provide potential buyers with relevant documents and information to understand the nature, extent, and implications of these rights.
Key documents may include:
| Property deed | Property deeds or conveyancing documents may contain references to rights of way, access arrangements, easements, or covenants affecting the property and neighbouring properties. Buyers should review these documents to identify any existing rights or obligations. |
| Easement agreements | f the property benefits from specific easements or rights over neighbouring properties, buyers should request copies of easement agreements or legal documents outlining the terms and conditions of these rights. This ensures clarity and transparency regarding the scope and duration of the rights. |
| Land registry records | Buyers can obtain official copies of land registry records or title documents from the relevant land registry authority to confirm the existence and details of any registered rights or arrangements affecting the property and neighbouring properties. |
| Survey reports | Property survey reports or land surveys may highlight physical features, boundaries, or encroachments that could affect neighbouring properties or rights of way. Buyers should review survey reports to assess any potential issues or concerns related to neighbouring properties. |
| Solicitor's advice | Buyers and sellers should seek legal advice from a solicitor or conveyancer specialising in property law to review and interpret relevant documents, assess the implications of rights over neighbouring properties, and ensure compliance with legal requirements and obligations. A solicitor can provide guidance on resolving any issues or disputes related to rights of way or neighbouring arrangements. |
By providing comprehensive information and documentation related to rights or arrangements over neighbouring properties, sellers can ensure transparency, compliance, and informed decision-making for prospective buyers interested in properties with shared access, easements, or boundary considerations.