Access rights terraced property

bhzmac1

Are rights of access listed on land registry titles?

I live in a end terrace house with path down the side of the property into my back garden. To the left of the garden there is another gate which leads onto a pathway that crosses over 4 properties and exits directly onto the street. Both gates that lead onto my property are kept locked and I don't allow anyone access. I believe the access for the other 4 properties to be at the other end of the entry.

I have checked the land registry titles for my property and garden (garden is on a separate title) and neither make any reference in the wording or the map plans to any access rights. The only reference to any other property is that myself and next door are jointly responsible for maintaining the boundary wall to the front and rear of properties.

I have been in the property for 10 years and have never had any access issues, I am selling and have been asked by the buyer about access, hence double checking the title documents.

princeofpounds

Often yes, but not always.

Often they can be listed on one set of title deeds and not others. So you should probably be checking the deeds of your relevant neighbours too.

In theory they can be on paper deeds that haven't been uploaded to land registry.

bhzmac1

princeofpounds wrote: »

Often yes, but not always.

Often they can be listed on one set of title deeds and not others. So you should probably be checking the deeds of your relevant neighbours too.

In theory they can be on paper deeds that haven't been uploaded to land registry.

Thanks....for example if it appeared on only one neighbours deeds and not the others would right of way only exist for that property?

Gordon_Hose

We live in an end terrace, but have a passageway between us and next door. Land Registry documents suggested we owned the passageway, but next door had a right of way and it was shaded blue to show this. The red boundary line for our property includes the passageway.

However, the passageway opens out into next doors garden and we have a gate into their garden to access the passageway. Presumably in the 100 odd years since the house was built the fence has been moved.

Confusing!

Anyway, I'd suggest if there was a legal right of way, it would be shown on the land registry documents.

princeofpounds

Thanks....for example if it appeared on only one neighbours deeds and not the others would right of way only exist for that property?

Probably - but frankly you won't know for sure.

You have to abandon the idea that all this information is neatly categorised and filed. Land deeds are quite a mess (having a land registry is a relatively recent invention in the scheme of things) and that's before you get to the fact that people can gain unwritten easements over land through things like continued use.

You should speak to your solicitor about what response you should give to your buyers.

AnnieO1234

Unless you can find the original deeds to your property - maybe buried in the vaults of your banks office if you mortgaged it long enough ago - then you might be able to look further into this.

If you aren't able to establish this then there are there options, a) get rid of the locks and allow entry to your neighbours; b) arrange with your solicitor to draw up a new deed between you and your neighbours to rectify the situation and allow you to lock the gates; or c) investigate the possibility of an indemnity policy with your solicitor.

Xxx