Right of way - maintainance

Mattygroves2

NJG wrote: »

I'm looking at the Land Registry title, I can see the map that shows the hallway within our boundary, but can't find where it says about right of way for the other property.

Any ideas where on this or what document I'd find this?

We can get a controlled key, provide one but want to make sure we are within our right to charge for more keys to cover the cost of replacing the door/flooring. This isn't a money grab, we don't mind about the electricity/minor maintenance costs, it's purely to recoup part of the cost of the big things.

You need the adjoining properties title and then find the bit that clarifies his right of access. It should set out his responsibilities to pay for upkeep - if there are any.

Davesnave

Mattygroves2 wrote: »

You need the adjoining properties title and then find the bit that clarifies his right of access. It should set out his responsibilities to pay for upkeep - if there are any.

It will likely be on the written part of the title, not the title plan.

NJG_2

Davesnave wrote: »

It will likely be on the written part of the title, not the title plan.

Would that be on ours or next doors?

Mattygroves2

NJG wrote: »

Would that be on ours or next doors?

Next doors but it can't hurt to have a look at your own as well.

G_M

It is likely to be on both Titles (perhaps with delineation on the Plans), soa sadvised back in post 2 above, get the neighbor's Tile.

However the full ROW may be scoecified on another document (a Deed or Conveyance from years ago. If so, in many cases the LR Title will refer briefly to that document.

NJG_2

Mattygroves2 wrote: »

Next doors but it can't hurt to have a look at your own as well.

I'm struggling to find anything on our paperwork that says anything about access... Our solicitor said they have right of access, but I can't find it on any paperwork...

It seems mad that a landlord would be able to hide behind right of entry to not contribute anything to what is a joint front entrance that his tenants have used and abused.

G_M

and stop talking aout the 'landlord'.

The 'landlord' may or may not be the owner. It is the owner who has the ROW (if anyone), though that ROW may devolve down to any tenant, sub-tenant etc.

Did your solicitor say they have a ROW, ot write it? Dig out the correspondance and find the letter. It probably explains whyere the ROW originates

NJG_2

G_M wrote: »

and stop talking aout the 'landlord'.

The 'landlord' may or may not be the owner. It is the owner who has the ROW (if anyone), though that ROW may devolve down to any tenant, sub-tenant etc.

Did your solicitor say they have a ROW, ot write it? Dig out the correspondance and find the letter. It probably explains whyere the ROW originates

I do understand the chain, I refer to the landlord as the owner of the property and the person presumably responsible for the upkeep of the property.

We're waiting to hear back from our solicitor, though our solicitor was terrible hence why we are not clear on this issue and are trying to get advice...

NJG_2

Managed to speak with our solicitor and there is no written mentioning of 'right of way' on our deed...

moneyistooshorttomention

Put like that, then my guess is that:

- they don't have to pay towards any maintenance costs on the one hand

BUT

- they DO have the ROW and it comes from having over 20 years of usage of that ROW (prescribed rights).

It sounds, from your description, that this other property would be literally unable to access their property without the use of that ROW. If that is the case, then they DO have that ROW as without it they would be imprisoned in their home unable to get out for anything and the law doesn't allow that to happen.

Sounds like you've just got to do all the "paying" on your own, but you wouldn't be allowed to block their ROW (as it sounds like an "easement of necessity" - ie they HAVE to have it to be able to live there).