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Proctor Phair Lawyers represents a commercial investor in its purchase of a commercial property subject to an agreement for a right of way.  The right of way allows the adjoining properties to pass and re-pass which is significant as it means the clients lose control of the area of land on the easement because they cannot park on the easement and cannot use that part of the land to build and it must always remain open to enable its use.  This would have meant that given the size of the area occupied by the easement the clients or their prospective tenants would not have been able to park on the property.

We have through negotiations with the vendor solicitor amended the terms of the easement because the original position of the easement meant the easement and the tenants rights could not co-exist so that on settlement when they enter into possession of the property the clients or their prospective tenants are entitled to park their cars on the easement at any time and access to pass may be arranged if it is required by the adjoining properties.  All the parties are happy with the result that has avoided disputes later on.

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