easements

[welshdragon9]

My easment has run out, it existed for 99 years, does that mean that the peoples ground it passes through can dig it up

[bednobs]

isn't the easement just the right ot piece of paper showing the right? How would anyone dig that up?

[themas]

An easement is a right - generally to run pipes cables etc. through someone else's land.

If the easement was time limited (which is surprising) & has expired then legally you have no right to run the pipes etc. where they now are. You seem to have 2 options:

1. Do nothing. As the easement has run for 99 years it is quite possible the owners of the land do not realise anything has changed. However, this approach is not advisable because any half way competent solicitor would pick it up when you come to sell & you would then be unable to sell without negotiating a new easement; or

2. Approach the land owners now & negotiate.

However, it would be a good idea to get your solicitor to check the deeds before doing anything to make absolutely certain there is no other way of dealing with this.

[welshdragon9]

Hi Mark, thank you for your response, the easements 99 years ended last August, the owners of the property next door to which it passes through their land do know of it's existence, I have spoken with them on it's renewal, they said they were speaking with their solicitor, I think they have intentions to use it to build on it eventually, they have not been there long, that was 2 years ago, the previous owners are in our Rotary Club at let us down rather badly by not renewing it before sale as they promised, my brother had advised that we put it in dispute before it's sale and it would have then forced their hand, we trusted them as they are in the same society. My brother has said, although he not a Solicitor, that it is an Easement of neccessity and therefore in law it would not be acceptable to do so. I really don't think that the owners would be willing to talk about it, so, we are left in limbo, again, thanks Mark, kind regards, Kynoch.