CTS Flashcards
Describe the property at CTS
It was three storey building with solid wall construction and partly rendered. It was located on the Southgates roundabout as you head into the town centre with good road frontage.
It had a retail area on the ground floor and offices on first and second floor with associated storage. There was a small service yard to the rear.
Why were two independent valuations commissioned?
The vendor insisted to ensure neither party were being biased.
What was market value in the report?
Two reports were commissioned which had values of £120,000 and £140,000.
What was your offer?
My client agreed to pay £160,000.
What was the adjoining owners offer?
They matched it at £160,000.
Why did the vendor decide to proceed with the adjoining owner’s offer?
Because they did not want to argue the case with the Land Tribunal, which would have incurred costs and place them in a worse net position.
What was the reasoning for your advice to the client on CTS?
2 reasons
- The vendor had been using the access for well over 20 years so would have had a prescriptive easement. The vendor could have provided a statutory declaration to this effect, however I advised my client to ensure this would be reflected in the sale price to offset any potential costs of land tribunal, if the adjoining owner contested the enjoyment of the easement.
- My client intended to assembly the site to form part of a regeneration plan for the area. They owned the majority of the site, except for the CTS building and the adjoining restaurant (who objected to the registration of rights). After they had purchased the CTS building, they intended on purchasing the restaurant, either through negotiation or CPO, and if successful, it would have extinguished the issue.
What is a prescriptive easement?
An acquisition of a right of access through long enjoyment - usually 20 years.
What are the requirements to obtain a prescriptive easement?
- Used for 20 years uninterrupted
2. Without force or secrecy
What is the difference between an easement and a right of way?
An easement is personal to the beneficiary, whereas a right of way is public.
