When you are given instruction for a residential or commercial transaction, it is important to establish what easements exist, whether they are enforceable and if any easements are legally registered.
It is necessary to consider prescriptive easements and for these to be disclosed by the seller, if known and not obvious on inspection, to prevent any overriding interest. When acting for the buyer it may be beneficial to provide your client with an inspection questionnaire to include questions such as:
1. Did you check the physical extent of the property you inspected?
2. Is there evidence of anyone having any form of tenancy or occupying the property or any part of it?
3. Is there any evidence of neighbours or anyone else using the property for any purpose, e.g. parking a car on the driveway, using the property for access or for refuse collection or removal?
Having the answer to these questions ensures that anything spotted by your client, that may have been missed prior to the questionnaire, is reported back to you. Redbrick’s legal case management software provides law firms with the ability to define online questionnaires for clients to complete in the secure Redbrick portal. Online questionnaires provide users with the functionality to ensure that every detail is communicated efficiently and effectively.
Following key steps throughout the conveyancing process, such as disclosing easements and prescriptive easements, is essential to protect you and your clients. Redbrick’s conveyancing case management software offers functionality to provide risk management with a full audit trail of everything that has happened on a matter which is stored in one easy to access place. Redbrick also enables law firms to set permission levels for managers to oversee and sign off important tasks. Signing off tasks throughout the matter ensures a smoother transaction whilst delivering a high level of service.
For further information about easements, take a look at our webinar recordings in the Redbrick Academy, exclusively for Redbrick clients, where you will find informative sessions focused on understanding easements.
For full details on all future webinars, please see our Events Calendar.