Uk property law. House sale, non disclosure of ynregistered easement. Is “discoverable” in General Conditions if Sale a good defence?
In the UK, non-disclosure of an unregistered easement can be a complex issue. Here are some points to consider:
- **Unregistered Easement**: If the easement is unregistered, it might not be apparent during a title search.
- **Discoverability**: The term "discoverable" may refer to whether a diligent buyer could have found the easement through reasonable inspection or inquiry.
Questions:
- Was the easement apparent during a physical inspection of the property?
- Did the seller provide any misleading information about the easement?
These details can affect the defense's strength. For precise advice, consulting a property lawyer is recommended.
The buyer could easily have discovered that the neighbours in the adjoining houses in the terrace needed to pass through the buyers land (through * gates provided for the purpose) to reach the access road from the back of their houses
In the UK, property law regarding non-disclosure of an unregistered easement can hinge on the concept of "discoverability." Here are some key considerations:
- **Unregistered Easement**: If the easement is not registered, it might not show up in a title search.
- **Discoverability**: If the easement was apparent during a physical inspection, the buyer might be deemed to have constructive notice.
Given that the easement was easily discoverable through physical inspection, it may be difficult for the buyer to argue that they were unaware of it.
Do you need information about potential legal remedies or next steps?
Next steps
For property law issues in the UK regarding non-disclosure of an unregistered easement, here are some possible next steps:
*. **Consult a Solicitor**: Seek advice from a property law solicitor to discuss the specifics of your case.
*. **Review the Sale Contract**: Examine the General Conditions of Sale for any clauses related to discoverability and easements.
*. **Mediation**: Consider mediation to resolve the issue with the buyer amicably.
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