Blocked Access and new owner stating no easements

xylophone

The current owner of the front room sold the block of garages?

Is he living in the front room or does let let it out?

Have you the means to contact him?

Did you have notice of the application for planning permission from the council?

You have a full set of your own deeds and those for the front room (presumably actually some form of studio apartment with its own access)?

Are you saying that it is rear access to your back garden/garage that is being obstructed?

sugarflux

I am out at the minute so will have to reply to exact wording comments and layout later.

Regarding front room - yes there is a bedroom above and has !!!8216;flying freehold!!!8217;. The new owner of the front room has their own entrance. We didn!!!8217;t make this sale it was completed a long time ago.

The deeds were (hand) written in late 1800!!!8217;s so very difficult to copy over exact wording.

We can!!!8217;t unattach the fence and get access as there is an original brick wall to the other side. But I suppose it would be feasible to create a gate somewhere else if required.

We did object to the plans but they went through anyway.

Thanks again - will get back later with some drawings...

~S~

shirlgirl2004

The previous owner of my house was given planning permission to build a house in the rear garden however there is a covenant which prevents this. The neighbours would have been able to seek legal redress if the house had been built.

As the building of this house would stop you from accessing your house (assuming that you do in deed have this right) then I assume there would be a large penalty for breech of this. I think you need legal advice now; don't wait.

G_M

Since you have referred previously to a TR1, the Title must be registered at the Land Registry.

What does the LR Title show?

As previously advised:

£3 here to buy each Title, and £3 for each Plan.

ScorpiondeRooftrouser

shirlgirl2004 wrote: »

The previous owner of my house was given planning permission to build a house in the rear garden however there is a covenant which prevents this. The neighbours would have been able to seek legal redress if the house had been built.

As the building of this house would stop you from accessing your house (assuming that you do in deed have this right) then I assume there would be a large penalty for breech of this. I think you need legal advice now; don't wait.

Well I think they have just said that they could just put in a new gate in their garden wall/fence in order to get access - the new house just blocks the existing gate. Which would tend to change things a bit. It is not really very clear though.

sugarflux

So I have purchased the title for our house from LR but it hasn't helped a great deal. Here are the relevant points:

A: PROPERTY REGISTER
(2) The land has the benefit of the rights reserved by but is subject to the rights granted by the Transfer dated xxx referred to in the Charges Register.
(3) The Transfer dated xxx referred to above contains a provision as to boundary structures.



The benefits/provisions are not listed in the title itself.

sugarflux

It makes things more complicated as the transferred property has two sets of titles on land registry - one as freehold, one as leasehold (I'm guessing that it's the shop that used to be a living room of our house).

Then there is another "property" which is named the same address and has a note saying it is a "duplicate" (the row refers to a record that is duplicated elsewhere in the results table...).

On top of this there is now another record which is 'land next to' my address - which I'm guessing is the garages.

So do I really need to purchase all of these titles to find out where i stand? Or can someone point me in the right direction as to which one i should be looking at?

Thanks

~S~

stator

You can ask the Land Registry for a copy of the transfer that is mentioned in the title plan.

sugarflux

I've also purchased the title for the originally transferred land (the front room and the garages at the back). Here are the relevant points:

A: PROPERTY REGISTER
(2) The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated XXX referred to in the Charges Register.

(3) The Transfer dated XXX referred to above contains provisions as to light or air and boundary structures.

(4) The land edged and numbered in green on the title plan has been removed from this title and registered under the title number or numbers shown in green on the said plan.

(5) The land has the benefit of any legal easements reserved by a Transfer of the land edged and numbered ZZZ in green on the title plan dated YYY made between (1) AAA and (2) BBB but is subject to any rights that are granted by the said deed and affect the registered land.

(6) The Transfer dated YYY referred to above contains a provision as to boundary structures.

C: CHARGES REGISTER
(1) A Transfer of the land in this title dated xxx made between (1) CCC and (2) AAA contains restrictive covenants.




So the Transfer dated XXX is the transfer of the my front room and garages. Items 4, 5 & 6 are the new entries which happened recently to sell the garages separately.

I would have assumed that this transfer (YYY) should have the same convenants transferred that were in the transfer (XXX)? But it appears that these were not included with the new transfer.

~S~

sugarflux

stator wrote: »

You can ask the Land Registry for a copy of the transfer that is mentioned in the title plan.

How do I do this? I can't find any links in the portal to request other documents? I believe that the Transfer referred to is probably the TR1 form that i already have copy of anyway...