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  • FIRST POST
    • AnotherUserName
    • By AnotherUserName 24th Mar 17, 11:20 PM
    • 22Posts
    • 10Thanks
    AnotherUserName
    Easement problem
    • #1
    • 24th Mar 17, 11:20 PM
    Easement problem 24th Mar 17 at 11:20 PM
    Hi

    Bought this place 4 years ago, it was built in 2009. The property has a path to the side that is the rear access. The other side of the path is empty land, which now has planning permission. The plans for the new build show the rear access using my path and gated off.

    I raised this with the planning procedure and it has been noted in the application that the path is not to be used during or after development.

    I have plans and deeds that refer to the path, and that I have an easement over it.
    I have the planning application for my property which refers to the path as being within the site boundary. The plans show the path inside the marked boundary but the fence that would have seperated it from the adjoining land was never erected.
    I have spoken to the lady who sold the plot that my place is built on to the developer, she has confirmed that the path was owned by her father, who used it to access his garages that were previously on the site.
    I have spoken to the firm that built my place, they say that as far as they can remember the path was within the plot.
    The deeds refer to an easement over the path, I am guessing that this is because the plot used to be the garages for a cottage that is the other side of the current new build land.
    I have spoken to a long term resident who has said that as far as he is concerned the path belonged to the owner of the garages.

    With me so far?

    The guy that now owns the new build plot tried to convince me that the path was not mine. He needs it for his new build rear access. All that he has is his title plan and deeds. The Land Registry General Boundary line is drawn over the path, however as we all know the LR plans are not evidence of anything. There is no easement described in his deeds.

    I tried to sell my place last year, at the eleventh hour the guy sends a letter via his solicitor headed by his solicitor that they were not acting for him, merely sending it on his behalf. It claimed ownership of the path, and asked me to make my buyer aware of this.

    Clever move?

    If I told my buyer that the path was not part of my property then the developer could claim it. However I have no evidence whatsoever that the path is his. To keep things transparent, the buyer was made aware, and as a result they pulled out on the day of exchange.

    So, I have a path that is described as being within my site boundary, plus anecdotal evidence that it belongs to the property, plus the easement referred to in my title plan/deeds.

    I cannot sell my property as long as the developer is blackmailing me, so can anyone tell me where I can go from here?
Page 4
  • Land Registry
    But how does it get to an adjudicator in the first place? When I e-mailed the LR with my issue I was told I needed to get a solicitor and pursue a civil case as opposed to the LR looking at the evidence and making a decision..why can't the LR make a decision on anotherusernames issue or my one?
    Originally posted by BISCUIT1
    BISCUIT1 - apologies for missing your earlier post on this

    We can't resolve a boundary dispute so can't make any decision on such matters. We can provide the registered details, which includes information on the general boundaries only.

    In the most simplest of terms we register the details but we are not an 'enforcer'

    If we receive an actual application to register, for example a Determined Boundary and the neighbours don't agree then it can be referred to the Adjudicator but there has to be an application to register
    And then there has to be a willingness from both parties (as Davesnave mentions) to go before the Adjudicator and argue their case

    So a process is there, in many ways to keep such matters out of the courts, but if the parties disagree with the Adjudicator's findings then the option of going to court still remains

    So our advice will invariably be to sort it between yourselves but if you cannot then legal advice is the next step to understand the legal process and also what you (both) can or can't do. After all such issues rarely involve just the legal boundary as this example confirms.
    Last edited by Land Registry; 08-06-2017 at 8:17 AM.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • BISCUIT1
    • By BISCUIT1 8th Jun 17, 2:24 PM
    • 38 Posts
    • 53 Thanks
    BISCUIT1
    Thankyou for your response..I don't think in my case the other party would be willing to take part in any adjudication because they know I can disprove their case. They have backed down on their recent trespass but due to the whole issue I have discovered that they had previously trespassed so they are only giving me back part of what I should have in any case. They have refused a joint survey with ourselves and another neighbour whose land they were trying to take and I believe it is simply due to the fact that they know the survey will show we are correct (It was surveyed previously for sale and showed we were) If they refuse to take part can the adjudication still go ahead and a decision reached? I suppose then it is the problem of as you say enforcing the judgement..
  • Land Registry
    BISCUIT1 Our Practice Guide 37 will give you a better idea of how things can play out and section 4 is relevant
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • AnotherUserName
    • By AnotherUserName 9th Jun 17, 7:11 PM
    • 22 Posts
    • 10 Thanks
    AnotherUserName
    Quick Update
    I was looking back through my paperwork from when I bought this place, and noticed that the seller was including a full title indemnity. I contacted the solicitor who acted for me, he said that he didn't have the plans etc that I was referring to, so I emailed them to him. Despite me asking three times, do I have a title indemnity and does it cover me?, he simply bypassed the question in his replies.

    I may have to contact the sellers solicitors to find out if one was included or not.

    One thing I have discovered in my research on the topic is that if you think there is, or might be, a boundary dispute, then any indemnity is nullified if you mention the existence of the indemnity, or engage in conversations regarding the position of the boundary with anyone, including the local council.

    http://matthewwilkinson.co.uk/title-indemnity-insurance-the-devil-is-in-the-details/

    The way that I read it, if I were to discuss the boundary, or agree to adjudication, then I would be in breach of the terms of the indemnity. Bearing in mind that I have not had sight of any policy etc, it is only good luck that I have refused to discuss the matter with the developer, or anyone else.
  • Land Registry
    AnotherUserName - I think you may be mixing two different uses of 'indemnity'

    A full title indemnity given by the seller is likely to be very different from the type of indemnity policy some take out to insure against loss etc. Your later references relate to the latter type of indemnity.

    The full title indemnity may simply relate to the seller offering you some form of guarantee over certain matters but the devil will be in the detail. I woukd suggest checking with your own solicitor as to its meaning and what, if any, relevance (if any) it may have to the issue you now face. I doubt if the seller's solicitor will engage with you on the point as they acted for the seller and dealt with your solicitor.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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