Neighbours 'exclusive use of outhouse' questions

Land_Registry

Reading and understanding the deeds is crucial here. An exclusive right to use is separate from ownership of course.

So if the land tinted yellow is excluded from your own title is it registered in it's own right and if so to whom? - I imagine it would be otherwise the exclusive right to use may have been tricky to register

If it is registered separately and to someone else then you could but it from them

If you want to extinguish the exclusive right then that is for the person(s) with the benefit to agree to. They could then formally release the right with the owner of the used space.

I don't think the lane at the side comes into play here and is a separate issue so I have not commented.

You can check the registered details online although identifying who owns the used space might have to be done by post unless you can narrow it down using the aerial imagery online

Note - whilst such 'island sites' are rare they do exist. The same is true for rights of 'exclusive use'and these tend to be more common where there is a leasehold involvement. Finding them both together is very rare but is it related to a wash house/area then it sounds very much like a historical need/issue although that does not change how they can be remedied although that may change how people view them

jimbog

I think you need to be careful how you handle this. You are friendly with your neighbours now but you seem unclear as to what you want and what you are entitled to happen around your home. Start putting up fences where you shouldn't or blocking neighbour's right of way would be a bad move

thinster

Next doors register states:

1. The Freehold land shown edged with red on the plan of the above Title
filed at the Registry and being ** *** Street, ********,
*********, (*** ***).
NOTE 1: Together with the exclusive right to use the wash kitchen
tinted blue on the filed plan.
NOTE 2: The wash kitchen tinted yellow on the filed plan is not
included in the title.
2. (22.10.1998) The Transfer dated 9 October 1998 referred to in the
Charges Register is expressed to grant the following rights:-
"TOGETHER WITH but benefiting from the same rights more particularly
set out in a lease previously registered"
The following are details of the rights granted by the lease referred
to
"thereby demised unto the Lessee The piece of land and hereditaments
described in the Schedule thereunder written
The Schedule Thereinbefore Referred to
Together with the liberty and privilege of passing and repassing with
or without horses cattle carts carriages and other vehicles upon and
over the said several streets or intended streets and passage (when
made) lying on the South East and West sides respectively of the said
piece of land thereby demised."

and also:

C: Charges Register
This register contains any charges and other matters
that affect the land.
1. Lease dated 9 August 1898 to Enoch Sykes for 999 years from 1 July
1897.
NOTE 1: Lease comprises also ** and ** *** Street
NOTE 2: Lessee's title registered under WYK*****.
2 (22.10.1998) The land is subject to the following rights reserved by a
Transfer of the land in this title dated 9 October 1998 made between
(1) Fairhold (Huddersfield) Limited (Transferor) and (2) ***********
**** ******* and ***** ******* (Transferee) :-
"....excepting and reserving for the benefit of any adjacent adjoining
or neighbouring land of the Transferor now or from time to time
benefiting from the same the rights more particularly set out in a
lease."
The following are details of reservations contained in the Lease dated
8 August 1898 made between (1) Sir Joseph Percival Pickford Radcliffe
and (2) Enoch Sykes and which lease is referred to above:-
"EXCEPTING NEVERTHELESS and RESERVING out of the demise unto the said
Sir Joseph Percival Pickford Radcliffe and other the person or persons
who by virtue of the limitations contained in the said Will or
otherwise shall for the time being be entitled to the premises hereby
demised in reversion expectant upon the term hereby granted (all of
whom are hereinafter included in the terms "the Reversioner or
Reversioners") ..... AND ALSO full liberty and power by or by means of
any buildings erections embankments or plantations to be from time to
time during the said term built erected thrown up or planted upon the
lands abutting on the North side of the said piece of land to darken
obstruct stop and block up (notwithstanding any prior continued user or
enjoyment thereof) all or any of the windows lights doors drains
gutters waterpipes chimneys flues and other apertures which have been
or shall or may be made or put out by the Lessee his executors
adminstrators or assigns on in or from any erection or building now
erected or hereafter to be erected upon the said piece of land or any
part thereof AND RESERVING the free running of water and soil in and
through the sewers drains and channels for the time being in or upon or
under the said piece of land or any part thereof AND the right of using
as public streets and causeways five feet in width along the South side
and six feet in width along the East side and as a public passage five
feet in width along the West side of the said piece of land hereby
demised for the whole extent thereof on such sides without making or
being liable to make any satisfaction for any damage or injury which
may arise in the exercise of all or any of the liberties and powers
hereby reserved."


Can anyone translate that into easy to understand English?

AdrianC

thinster wrote: »

Next doors register states:

1. The Freehold land shown edged with red on the plan of the above Title
filed at the Registry and being ** *** Street, ********,
*********, (*** ***).
NOTE 1: Together with the exclusive right to use the wash kitchen
tinted blue on the filed plan.
NOTE 2: The wash kitchen tinted yellow on the filed plan is not
included in the title.

Can anyone translate that into easy to understand English?

Next door owns the red land, has exclusive use of the blue building, and can't use the yellow one. Just because they're referred to as "washhouses" doesn't mean they have to be used as washhouses.

There's a section (5' wide on S, 6' wide on E) which has vehicular access rights, and a section (5' wide on W) which has foot access rights. That seems to refer to a complete block (terrace?) of properties, rather than just one.

thinster

yes its a block of three terraced houses. I wish I could upload an image or two for each title but it won't let me because I'm a new user

RAS

type is without the www. and someone will add the pre-fix for you.

thinster

djrichardfenn.co.uk/registry-ours.jpg

djrichardfenn.co.uk/registry-nextdoor.jpg

moneyistooshorttomention

thinster wrote: »

Surely if it is a 'shared yard' with rights of access to all parties then we should have been consulted as they were basically stopping or at the very least making it difficult for our children to play in the whole area?

Sounds like you need to have a conversation with them along the lines of "We wont say anything about you restricting shared yard access by putting that fence up and stating that part of it is yours only PROVIDED you accept that we are going to buy the washhouse that is in OUR garden off you for a token sum of £1". After that point they regard the garden behind their house as theirs only and you regard the garden behind your house (including the washhouse sitting plonked in the middle of it) as yours only.

moneyistooshorttomention

thinster wrote: »

www.djrichardfenn.co.uk/registry-ours.jpg

www.djrichardfenn.co.uk/registry-nextdoor.jpg

Hopefully that will do the trick..

thinster

moneyistooshorttomention wrote: »

Sounds like you need to have a conversation with them along the lines of "We wont say anything about you restricting shared yard access by putting that fence up and stating that part of it is yours only PROVIDED you accept that we are going to buy the washhouse that is in OUR garden off you for a token sum of £1". After that point they regard the garden behind their house as theirs only and you regard the garden behind your house (including the washhouse sitting plonked in the middle of it) as yours only.

our registry plan document states:

The Assignment dated 31 December 1919 referred to above contains the
following provision:-
"AND IT IS HEREBY DECLARED that the land coloured brown on the said
plan which has hitherto been used and enjoyed as a Common Yard shall
continue to be so used and enjoyed and shall be maintained and repaired
accordingly."

I suppose it depends on how you define 'Common Yard'.