buying property with Right of Access. Who should have it on their deeds?

filbrit

Hi There

we are buying a victorian terrace which has right of access through the neighbors garden which leads to our back garden.

For some reason, the right of access stipulation in not on the deeds where we are buying the property from but rather on the neighbors property deeds stating that the property we are buying has right of access through the back of their house to the front of the property/road.

I was hoping if I can get any advice if this is normal practice having the right of access condition will be on the property who has the Burden of access rather than the deeds of the property who will access?

many thanks

princeofpounds

I believe it is quite normal for it to be on the deeds of either property.

Land_Registry

Much depends on the timing of registration and what deeds/documents are produced. It is not unusual to have the burden registered but the benefit missing from the adjoining title.

Registration of the benefit can of course be applied for at any time and the fact that the subjective right is registered would clearly assist in that regard.