Rent charge extinguished...

sarah_liz

We purchased a house in 2014 and there is a lane at the bottom of the garden. There has been a right of access over this lane for neighbours since the 1800's, but when we purchased the house our solicitor included the lane in the sale. This is showing on our Title Deeds as now belonging to us.
There is one house (split into flats) at the end of this lane, they have no need to use it as they have a private large driveway to their garages and their front doors. The lane is over grown and been unused for years with a 5 bar gate between us the the flats.
Now that we want permission to re build the crumbling garage that adjoins the lane the residents in the flats suddenly want access to the lane!
In our title deeds it says that the rent charge was "extinguished" and that "associated positive covenants are also extinguished".
Does this mean that the rule to allow right of access is now null and void?
Yesterday I found a man from the flats in my back garden as he had climbed over the 5 bar gate, he was stood there smoking and looking around!!!
We want to put up a large fence to prevent anyone gaining access to what we feel is our private land, are we within our rights to do this?

pinklady21

Suggest you ask the solicitor who handled your conveyancing - I assume they drew up the Title so would know what you own and what you don't, and whether anyone else still has a right of access over what you understand is your land.
Re finding folks in your garden, was this a neighbour? It could be the neighbours are chancing their arm, thinking that if they make it difficult for you, then you might be prepared to buy them off to get exclusive access......
Best of luck!

PasturesNew

You need to ask your solicitor.... if you phone them with a specific clear question - "our deeds.... extinguish .... do they still have rights?" and let them answer it in their own time it might only cost you £60 for an answer. I did that with my solicitor. Phoned them with the question, she then phoned me back 4-5 days later to answer the question and put it in writing in a letter the same day.

da_rule

A rent charge and an easement are two separate things. You need to check your title, and potentially the freehold title of the flats to see whether an easement has been granted at some point.

As you say that the lane has been used since the 1800's there may also be prescriptive easements over the land which are not recorded. There are exceptions to this, where a registered title has been transferred and the purchaser had no knowledge of the easement, it was not obvious from an inspection of the land and the right was not exercised for 1 year after the purchase. However, it appears that you knew the neighbours has historically used it, so this may not apply to you.

I would consult with a solicitor, who specialises in property/land law before obstructing the lane.

If someone does have an easement (whether by deed or by prescription etc) and you prevent them exercising their rights they could seek an injunction from the court to compel you to allow them to exercise their rights.

sarah_liz

pinklady21 wrote: »

Re finding folks in your garden, was this a neighbour? It could be the neighbours are chancing their arm, thinking that if they make it difficult for you, then you might be prepared to buy them off to get exclusive access......
Best of luck!

Yes, he was from the flats next door, Ive never seen him before and was shocked to see him in the garden - is this trespassing?!!

pinklady21

sarah_liz wrote: »

Yes, he was from the flats next door, Ive never seen him before and was shocked to see him in the garden - is this trespassing?!!

Again, ask your solicitor for advice! Best of luck.

PasturesNew

sarah_liz wrote: »

... shocked to see him in the garden - is this trespassing?!!

No it's not, if he's got the right to be there, which only a solicitor can tell you, once they've got the deeds etc in front of them and have read them.

IF the right of way does still exist, then he's done nothing wrong and you can't stop him... so long as he is using the right of way in the correct way (e.g. he couldn't hold weekly dance classes in the spot, not use it for any other purpose other than passing over the land in order to go from one side of your land, over your land, to the flats and back.

If he doesn't have that right, which only a solicitor with YOUR deeds could tell you, then you'd need the solicitor to write a letter telling them why they haven't got the rights they thought they had.

sarah_liz

PasturesNew wrote: »

No it's not, if he's got the right to be there, which only a solicitor can tell you, once they've got the deeds etc in front of them and have read them.

IF the right of way does still exist, then he's done nothing wrong and you can't stop him... so long as he is using the right of way in the correct way (e.g. he couldn't hold weekly dance classes in the spot, not use it for any other purpose other than passing over the land in order to go from one side of your land, over your land, to the flats and back.

If he doesn't have that right, which only a solicitor with YOUR deeds could tell you, then you'd need the solicitor to write a letter telling them why they haven't got the rights they thought they had.

He was in my garden, not on the lane which is the "right of way", he had climbed over a five bar gate, gone down the lane, through our back gate and was standing in my garden smoking!!!:mad:

Mossfarr

He was in my garden, not on the lane which is the "right of way", he had climbed over a five bar gate, gone down the lane, through our back gate and was standing in my garden smoking!!!

If he ever does this again I would immediately call the police and tell them there is an intruder walking around your property and you think they are looking for a way to break in.
He would then have to explain why he's in your garden when he clearly has no right to be there!

sarah_liz

Mossfarr wrote: »

He was in my garden, not on the lane which is the "right of way", he had climbed over a five bar gate, gone down the lane, through our back gate and was standing in my garden smoking!!!

If he ever does this again I would immediately call the police and tell them there is an intruder walking around your property and you think they are looking for a way to break in.
He would then have to explain why he's in your garden when he clearly has no right to be there!

Thank you Mossfarr. I must admit it was a shock to see a stranger in my garden! We have security cameras around the house and Ive now put a sign on the gate to say "24hr CCTV recording". We have them at the front of the house but I never thought Id need one at the back!