Residential property disputes

Rising Ground Rent in New Build Homes: Are solicitors to blame?

Over the last year there have been reports of newly built properties being effectively worth nothing after just six years due to excessive ground rent charges. A reported example was £101,000 paid for a flat in a new development but lenders then refusing to give mortgages to prospective buyers because a clause in the original leasehold agreement meant owners were liable to pay ground rent to the freeholder that would spiral to £8,000 a year.

Claiming a right of way by prescription.

Easements are rights of way and are common features of land ownership. Often a land owner will have an easement for the benefit of services and utilities that run over their neighbour’s land. Easements are often granted by a deed or are described in some form of legal instrument. Those easements are referred to as “legal easements” because they have been expressly granted. Easements may also be acquired by long use by a method referred to as “prescription”.
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