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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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Right of access by Local Authority. We are in the process

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Right of access by Local Authority.

We are in the process of obtaining an equity release mortgage and the valuation surveyor has said in his documentation that the Local Authority have a right of access to the property due to a stream that runs at the end of the garden. The solicitor is saying that this is not stated on our Title Deeds. Does it really need to be or is it not implied? If it is required, how do we go about getting it on there?

(We have lived at the property for 30 years and I believe that the Local Authority have never asked for access to the stream through our property. The stream runs at the back of numerous properties)

Kind regards
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It does to need to be listed on the deeds. The matte can be resolved by either a deed variation or taking out an insurance indemnity. All are straight forward and can be resolved with the local Authority's consent and assistance.
Customer: replied 3 years ago.
Hi Thomas,
Thank you for that. I have checked the title plan and the boundary of the property ends at the edge of the stream I.e. No part of the stream runs across our property. Does it still need to have something on the title deeds about access by the local authority?
Surely they can either access by other means or if the stream falls within another property's land they are the ones that have the easement on their title deeds?

How long does a variation to title normally take?
If it does not touch your land then there are really no requirements for it to be on your deeds. You are correct that their access may be covered elsewhere and a letter from your solicitor to the council would resolve this issue. A deed of variation could be done very quickly and certainly within a few days if the other party agreed.
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