deed of easement

[flitty]

I built an extension over 10 years ago and my roof and gutter hangs over next doors drive by approx one foot. at the time of the build the lady who lived next door states taht she had no qualms about this and the plans were approved and passes. The lady is now in a rest home with dementia and her relatives are selling the house for her upkeep. The people who are moving in and want the house now want me to sign a deed of easement. Most is straight forward and realyy just puts the onus on me to be liable for the upkeep of the wall and gutter. The last paragraph is stumping me. Any help.

in consideration for the above grant the second owner grants to the first owner the right in fee simple within 80 years of the date of this deed to erect an extension on the first property adjoining the wall and to remove the gutter and replace it with a gutter or valley to serve both properties such gutter or valley to be the joint responsibility of the first owner and the second owner and the chargee confirms the grant of the right by the second owner.


the first owner refers to next door and i am the second owner.

[bushbaby_de]

It basically says that in return for granting the permission, if within 80 years of the deed the people next door decide they also want to build an extension they are allowed to adjoin it to the wall of your extension, remove your guttering and replace it with guttering or a valley to serve both extensions jointly, with you and them jointly responsible for maintaining the new guttering/valley.

You really shouldn't be signing something like this without taking independent legal advice you know. I don't count!!!

[buildersmate]

Agree with what Bushbaby says - including the last 3 words which would apply also to me. The new buyers are covering themselves.
On the other hand, why should you sign such a thing? If you don't or won't, or want them to agree to pay YOUR legal costs in getting a solicitor to pay for independent review of such an agreement, it would be perfectly understandable.

[tamborine]

if the original lady didn't give permission in writing you're in a sticky position, or if the building has stood for 12y you have rights of occupation - otherwise it's trespass. I would sign, for the generosity extended. You could have an addendum to share maintenance costs of guttering.

[flitty]

\in relation to my own question, go to a solicitor, the ded i was being asked to sign would have shafted me, best 75 quid i ever spent. ALWAYS SEEK LEGAL ADVICE< ITS TRUE.

[spoonfedthebear]

Hi Flitty,

Came across your post and am currently in a similar position. What a headache!

If you still have the deed to hand, I'd be really grateful if you could cut and paste here the wording of the actual grant of rights so that I can compare it to the document that I have.

Thanks and regards,

STB