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Grant of Easements - Solicitor Trouble

  • 16-01-2006 10:55am
    #1
    GoalsGoneWild
    Registered Users, Registered Users 2 Posts: 61 ✭✭


    Hello all,

    I am currently having an issue with regard to the purchase of a new apartment in the Blanchardstown area. My solicitor - based in Cork - has advised me not to sign and pay the 2nd installment for the property based on the fact that the Builders Solicitors are refusing to furnish him with a Grant of Easements. My solicitor claims that this is a standard requirement for any house purchase and he cannot understand why the builders solicitors are refusing to give it to him. The initial request was made back in October and on each subsequent occasion, the builders solicitor has refused to answer.

    I have a few questions:
    How important is a Grant of Easements? My solicitor is based in Cork where it is apparently seen as essential. Is it as important in Dublin?

    Why would a builder and/or his solicitor refuse to furnish my solicitor with a Grant of Easements? Is there any advantage in doing this?

    I got in early on the development and the same size apartment on Phase 2 is currently being sold for @ 15k more. The builder's solicitor made a statement that there were a lot of people behind me in the queue who "wouldn't cause trouble". Is it possible that they are holding out on this in order that I will walk away and they can pocket an extra 15k?

    Any advice that anybody could provide on this matter would be greatly appreciated.

    Thanks in advance...


Comments

  • #2
    nesf
    Registered Users, Registered Users 2 Posts: 27,644 ✭✭✭✭nesf


    This is probably best off in Accomodation/Property. I'll move it there for you.


  • #3
    lomb
    Registered Users, Registered Users 2 Posts: 6,017 ✭✭✭lomb


    GoalsGoneWild wrote:

    I got in early on the development and the same size apartment on Phase 2 is currently being sold for @ 15k more. The builder's solicitor made a statement that there were a lot of people behind me in the queue who "wouldn't cause trouble". Is it possible that they are holding out on this in order that I will walk away and they can pocket an extra 15k?

    this is what it is more than likely. have u asked ur solicitor what exactly a easement thing is? is it the right to use the common area?


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Tbh, your post doesn't say what is in the Grant of Easements. A Grant of Easements is only a type of document, what the document should contain is the important thing. An Easement is right over property eg. right to light, right of way, right to water etc. In many transactions, such matters are built in to the Transfer and as such are not relevant, but in some cases they are highly relevant - without knowing your title it is impossible to say. But one thing I would say is that Solicitors in Dublin and Cork have no different practices. If your Solicior is insisting on a document, then clearly he feels it highly relevant and I presume the Vendors are obliged by the contracts to provide it. Either way, trust your own Solicitor to do what's right by you and ignore the Vendor, Auctioneers and other parties who will only want your money. As for the thing about others 'behind you who wouldn't cause trouble', if the builder has signed contracts with you then such comments are completely irrelevant and only designed to pressurise you. As I say, your Solicitor is on your side, the rest are not.


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