Property boundaries - potential dispute over side access

TrixA

We received a document from our solicitor yesterday showing the land registry boundaries of the property we are in the process of buying, which she was asking us to approve so she can get on with the searches.

One of the issues we are concerned about with the property is that it's an end of terrace which shares a side access with the neighbouring property, and we understand from a comment at the open home that there is some dispute over the right of our property to use this. We were disappointed that the Land Registry document was basically just a photocopy showing a rectangle on a map and did not clarify the status of the side access at all. Is this something that one of the subsequent searches will reveal? What questions should I be asking the solicitor?

G_M

Does the 'rectangle' on the LR Plan include the access/passage? If yes, you own it. If no, you don't.

Assuming you own it, others may have a right of way to use it - this should be mentioned in the Title document, and/or a related Deed.

If you do not own it, again, you may have a ROW and again, the Title should refer to this.

If none of this is clear from the Title, or other documents you've received, the write to your solicitor explaining clearly what the actual boundary /passage looks like (remember, he's never seen the property!) and asking him to check/confirm the legal boundary and ROWs.

TrixA

Thanks. The LR document/map we've received does not show the shared access at all, on either our property or the neighbours, as it's not in sufficient detail. Basically it's a plan of the whole neighbourhood with a tiny rectangle indicating the property we're buying. This immediately abuts the rectangle for the neighbouring property.

What's a ROW?

The access appears as a passage between the two properties with a fence on either side and a locked gate facing on to the street. The fence in 'our' house's back garden has a gate leading onto the access way. The passage way is a dead end and at one end the neighbours have piled up junk including old tyres etc. The neighbouring property is a small block of flats c.1950s whereas all the other properties in the street, including ours, are older terraced houses. I'm not clear whether it is the residents of a single flat who use the access way or whether it's multiple properties.

TrixA

Of course ROW is right of way - silly me

Slinky

Can you download the title deeds of the neighbouring property from the land registry and see if there is any mention of a right of way on them?

G_M

TrixA wrote: »

Thanks. The LR document/map we've received does not show the shared access at all, on either our property or the neighbours, as it's not in sufficient detail. Basically it's a plan of the whole neighbourhood with a tiny rectangle indicating the property we're buying.

As well as downloading ( £3 here) the LR Plan for the neighbough, you could also do a LR 'map search'.

Instead of searching for an address, you find the local area on a map and it shows ALL the Titles in the area. The passageway might actually not belong to either of you - it might be owned by the local authority or, indeed some other organisation or indiviual.

And you've read the Title document? all 3 sections? There is no mention of any access restriction or access rights granted by another document?

TrixA

Ok, update from the lawyer received today.

We haven't seen the title deeds yet, but the lawyer tells us that our property is not granted a right of access over this pathway in the deeds.

The lawyer has also enclosed some documentation that makes the nature of the dispute clear. It's a probate property. Prior to putting the property on the market the Executors' lawyers wrote to the owners of the four flats to request access to the pathway for one week to undertake maintenance, renovation and repair works to the property, quoting the Access to Neighbouring Land Act. They received a reply from the owners of one of the flats. Let's just say the tone of this letter makes it appear that these people are a bit crazy. They don't appear to understand the concept of an executor or that the previous owner has died. Their letter refers in some detail to their dissatisfaction over the previous owner's regular use of the passageway, and of course if it's their land they may have some right to feel aggrieved. What I am more worried about it that they seem to think they can refuse future access for any purpose other than "preservation work". Is this right? We would be planning some renovations to the property which would be likely to require the installation of pipework on the exterior wall abutting the neighbours' property. Could they reasonably refuse this? I'm not sure if there are other things I should be asking my lawyer, and/or the vendors, to clarify. If there are four separate flats, do all four flats have to agree every time we need access?

G_M

Depends who owns the freehold next door. The flat owners will each own a lease to their flats. The freehold may be owned by them all jointly, or may be owned by someone else entirely.

Again, refer to the LR title for the freehold next door if you want to find out.

I'm not familiar with the Access to Neighbouring Land Act 1992 but my guess is that you could use it to gain access for ay works, renovation or extension/development. Read the Act or ask your solicitor.

As for the pipework, depends who owns the wall! And /or who owns the boundary on which the wall sits (not the same).

edit: it's not a long Act. Here's a highlight:

Access orders.

(1)A person—

(a)who, for the purpose of carrying out works to any land (the “dominant land”), desires to enter upon any adjoining or adjacent land (the “servient land”), and

(b)who needs, but does not have, the consent of some other person to that entry,

may make an application to the court for an order under this section (“an access order”) against that other person.

(2)On an application under this section, the court shall make an access order if, and only if, it is satisfied—

(a)that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and

(b)that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land;

TrixA

From the correspondence, I believe the four flats are joint freeholders.

I had already looked up the legislation and it appears that it's pretty clear that access is for preservation/maintenance works only and not any construction works. I don't really understand this - surely we're allowed to undertake basic modernisation works such as the installation of a second WC in a 3 bedroom house?!

princeofpounds

You can do as much work as you like, you just can't guarantee the ability to trespass on someone else's land to do it!

Make sure the lawyer has checked next door's deeds too; the right of way is not always mentioned in both sets.

If there is no mention there, and it's not clear who actually owns the passageway land from the plans, then you are looking at disputes, surveyors and court if you want access, and you may well not win.

I wouldn't bother with it, there are other houses

Slinky

I'd walk away also. Things don't look good in terms of the neighbours being helpful, plus there are 4 sets of neighbours on that side, 4 times the potential problem. Why walk eyes open into a situation which already has neighbour problems written all over it.

Yes you can install a new toilet in your house if planning permission permits, but your builders could end up traipsing through the house to do it, and you might have to route your pipework through your property rather than along the outside wall.