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Joined: Sat Feb 02, 2013 4:20 pm


Post by CrazyDaisy » Sun Jun 02, 2013 9:41 am

Hi, if you've seen my previous post you'll know I'm having a dispute related to an easement over my garden. I've been doing some more digging (if you'll pardon the pun) and think what's happened can be interpreted as fraud but would be nice to run it past you good people.

My property is subject to an easement over our garden. In all there are three servant tenements documented in the deed describing the easement. Unfortunately the dominant tenement is unclear as the land title number was missing.

It's obvious given the situation which land was intended to benefit, but another party has gained an additional benefit from the deed due to this ambiguity. That now means that there are two dominant tenements.

The owner of this new plot of land to benefit is one of the original servant tenements. I now have enough evidence to show the intention of all parties involved and clearly this land newly added was never meant to benefit.

Given that the owner of the new plot gaining benefit was and still is an owner of land that is burdened by the deed, and was instrumental in setting up this deed, can the actions to broaden the benefit from the deed by this individual and their solicitors be construed as fraud?

Many thanks,

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