Land Registry/Rights of way query

dizzydonkeys

Have a couple of queries regarding a neighbours property and will try and keep it brief - have googled and cannot find the answers I need.

Firstly how would I get a copy of the deeds with the rights of way coloured in? I have paid 3 times for the documents from the land registry which show the boundries but no 'edged yellow' showing where the right of way runs.

Secondly it appears this right of way has been granted by two neighbours (previous owners of both properties) and a mortgage company - however neither party actually owns the land that the access has been granted over so how can this happen?

Surely you cannot just grant a right of way over anybodies land just because you feel like it?

Can anyone shed any light on where I would need to look to find this information? (I have spoken to my solicitor who is looking into another matter for me but am keen to get the information I need myself thus saving time and money if at all possible)

Thanks for your time

Land_Registry

dizzydonkeys wrote: »

Firstly how would I get a copy of the deeds with the rights of way coloured in? I have paid 3 times for the documents from the land registry which show the boundries but no 'edged yellow' showing where the right of way runs.

Secondly it appears this right of way has been granted by two neighbours (previous owners of both properties) and a mortgage company - however neither party actually owns the land that the access has been granted over so how can this happen?

Surely you cannot just grant a right of way over anybodies land just because you feel like it?

Can anyone shed any light on where I would need to look to find this information? (I have spoken to my solicitor who is looking into another matter for me but am keen to get the information I need myself thus saving time and money if at all possible)

Thanks for your time

Can you explain where reference to the 'edged yellow' appears on the register please? - does it refer to it as a Note to an entry or is it referred to in the text to an entry and then explained away by a Note after the entry for example?

If easier then post the extract itself on here?

In normal circumstances to grant a legal easement (right) the person granting has to own the land over which the right exists - can I ask how you know that none of the parties own the land in question? - did they once own it for example or is it unregistered?

dizzydonkeys

Ok just re read it and doesn't clearly state where the rights of way are granted hence assuming there will be a coloured roadway or similiar
Title states the following (personal details deleted)

2 (17.06.1997) The land has the benefit of the following rights granted
by a Conveyance of the land in this title and other land dated 31
December 1959 made between (1) ...... (2) ..... and others:-
"TOGETHER with all rights of way and other easements hitherto used and
enjoyed by the owners and occupiers of the property hereby conveyed"
3 (30.07.2003) A Deed dated 26 February 2003 made between (1) J...... and ............. (2) ...... and (3) GMAC RFC Limited is expressed to grant rights
of way.
NOTE: Copy filed.

section 2 refers to the at time owners of property 1 and 2. section 3 referes to the owners of property 1 and property 2, person 3 is property 1's mortgage company.

The land the right of way is over (or i am assuming it is the piece of land) is not registered and there had been a massive court battle over access and ownership rights so could the court of granted this? Neither party own the land or ever have (known fact and it is known who owned it but they have now deceased however historic documents have come to light that prove it belongs to a totally different property but another story altogether).

Thank you for your response

Land_Registry

The key word in entry 3 is 'expressed' - this suggests that the rights could not be guaranteed and this is probably linked to the fact that the land is unregistered and insufficient evidence as to the ability to grant the rights was produced at the time. The only way to be sure though would be to check the records behind it's registration.

I assume the yellow reference is in the Deed itself so that should be explained in the Deed itself. If you want a copy of that Deed then you would apply using form OC2 - see our online FAQ
The Deed may refer to an order made by the Court but that is unlikely - in most cases where a court is involved they instruct (order) the parties to do something, which they then do. The court or judge only get involved if they do not comply with the order but that is rare for obvious reasons.