Help we can't sell our home!

[Deleted User]

We are attempting to sell our property but can't due to a problematic neighbour who has refused to move his equipment off a right of way. He has stated that he owns this.

Our deeds state the following:
(16.06.1994) The land has the benefit of the following rights granted by a Transfer of the land in this title dated 27 May 1994
made between (1) John ___ ("the Vendor") and (2) Michael ___ and Sheila ____ ("the Purchasers):-

Together with a right of way with or without vehicles at all times and for all purposes connected with the use of the land hereby
transferred over the land coloured brown on the plan annexed hereto. NOTE: Copy plan filed.


What does this mean? We think we have right of way and so does he, but who owns it? I found the land registry title that was coloured in brown and then went to the land registry to find out who owned it. However, it came up with the same title number for our plan/title that we own?


I look forward to your response




Regards
Nat

olly300

"Right of Way" means it's a right to travel over the land. It doesn't mean there is a right to store things there.

I suggest you get a solicitor to explain your full deeds as the information you posted is not enough to work out if one party or both have the rights to store items on the land.

And yes you will have to pay but paying to know your exact rights is cheaper than getting wrong advice from strangers on the internet.

Debt_Free_Chick

nshek wrote: »

Together with a right of way with or without vehicles at all times and for all purposes connected with the use of the land hereby transferred over the land coloured brown on the plan annexed hereto.

You have the right to walk or drive a vehicle over that piece of land at any and all times.

If the neighbour has blocked access, then he is interfering with your rights.

If the land is owned by another person, then their right is probably being interfered with as well.

However, you could take action against your neighbour for removal of the obstruction without involving the owner, based on what's in your deed alone.

Have you downloaded your neighbour's deed to see if he owns the land? Even if he does own it, that does not give him the right to block the access you have, as set out in the deeds to your property.

[Deleted User]

Thank you both for your responses.

There is nothing in our deeds to say that parking or storage of equipment there is allowed just access. We just have shared right of way. Tried looking on the land registry but its down at the moment. He also received our solicitor details and said he will get his solicitor to write to our solicitor (but this was 2 weeks ago and no correspondence has been received), eventhough we asked for evidence/deeds that he owns this strip of right of way.

He did block the right of way with a horse van in the past, but removed it and then parked this piece of farming equipment there......the land behind that is also his and the council have recently approached us due to scrap yard he is building with the accumulation of abandoned cars as well as live stock being kept in crates. It is basically a nuisance and devaluing our property as well as others at the same time as well as preventing our sale. If we went to court and filed an injunction would our home insurance help with the legal fees?

We have legal AA insurance which states:
We cover the following:
Legal costs for pursuing legal proceedings and/or arrangement of mediation for a dispute relating to material property which you own or is your responsibility:
following an event which causes or could cause physical damage to your material property; or following a public or private nuisance or trespass. Or would it come under?:
2. Contract Disputes
We cover the following:
Legal costs for defending or pursuing legal proceedings arising from a dispute over:
• you buying or selling your property.


If we do take action he could present his deeds at court and then we are done for!

[Deleted User]

How do I attached photos on here?

[Deleted User]

nshek wrote: »

How do I attached photos on here?

You'll need to upload to another website first and then post the link. If you go to imgur.com and then after uploading the photo on the right of the page you'll see a "BBCode (message boards & forums)" option, copy and paste that here.