20 years ago, I granted a deed of easement to an electrical company for a telegraph pole situated in my back garden.
I was paid a one off lump sum of money at the time and the peiod on the agreement was 20 years.
That 20 year peiod is now nearing its end.
I sold the house 7 years ago and have just received a solicitor's letter from the people I sold the house to asking me to pay them a fixed % of the amount originally paid to me for those years of the agreement that they have lived there and I have not - i.e. 7 years worth of the amount originally paid to me.
The payment received was a one off lump sum and not an annual fee.
Do they have any right to claim this money from me and do they have a case?
I have been summoned to small claims court - should I lawyer up?
All useful advice very gratefully received. The house is in Wales and therefore subject to the law of England & Wales.
Many thanks in advance.
Yes - the details of the easement were added to the title deeds of the house which were obviously viewed by the buyer and exchanged to the buyer at completion.
A survey on the house, by the buyer, was also completed at the time of purchase and nothing was flagged - or if it was, it was not acted upon or raised.
Answer by Michael M
do you have an attorney.
The deal was with you and did it state no other parties, such as when you sold.
you should be clear.
But again the best way to avoid a frustrating experience is to have an attorney review the documents.
I live in the US. Anything controversial should go to a lawyer at the start to avoid dilemmsas later.
Answer by Michael Iarrobino
Well I don't know what the laws are in England. Where they aware of the easement when they bought the property? If they were not informed then they might have some justification to ask for some sort of compensation. But if they knew the easement was there, and the negotiated and agreed on a price for the property, then closed and took title, I don't see why they should fell they have any reason to expect money.
Of course for legal advice your best bet is to speak to an legal expert.
Answer by APF
get a copy of the deed you signed, take it to a attorney to get his opinion, if a clause is in the deed, subject to all easements, the different of what amount they are suing for, and the cost of the attorney being with you at small claims court, it might be cheaper to pay them, either way will close the case.
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Orignal From: Deed of easement on residential property - now sold?
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