Different deeds to my neighbour

zagubov

Heaths wrote: »

Attached some images which will make the situation clearer.



Top Left: current layout of lands from Google Maps.
Top Right: approved Planning Permission
Bottom Left: drowing from our deeds showing "the Roadway" hatched in green
Bottom Right: blue is our land, green is neighbour's

So basically it was built differently from the original permission, but the Roadway on the deeds are still showing the expected layout. When we raised our concerns to the council, they required us to submit a retrospective planning permission which resulted as the following image, but the deeds didn't change.


Quoting from our Title:
12 Additional provisions
Definitions
"the Adjoining Land" means all land coloured green on the plan 1
"Plan 1" is the plan annexed hereto and marked Plan 1 showing the extent of the property coloured blue
"Plan 2" is the plan annexed hereto and marked Plan 2 shoing the position of hte Roadway and responsibility for the boundary features.
"the Roadway" means all that area shown hatched Green on the Plan 2
"the Conducting Media" means all seweres water pipes water courses gas pipes electric and telephone and telecommunications cable and wires with all ancillary connections inspection chamers and other apparatus used therewith
"the Contribution" being a 50% share of hte costs of maintaining the Roadway
The expression "the Transeree" or "the Transferor" shall include the maculine and the feminine the singular and the plural and where two or more persons are referred to by that expression all covenants made by them shall be joint and several

Rights granted for the benefir of the property
(empty space)

Rights reserved for the benefit of other land
There is accepted and reserved for the benefit of the Adjoining Land
A right to enter onto the Roadway for the purpose of turning

Restrictive covenants by the transferee
[...]
Restrictive covenants by the ransferor
[...]
Other
POSTIVE COVENANTS BY THE TRANSFEREE
...
1. To perform and observ all conditions and requirements containd in the Planinng Permission number XYZ
2. To maintain the boundaries marked with an inward "T" on the Plan
3. To pay the Contribution in respect of maintaining repairing or renewing the Roadway

POSITIVE COVENANTS BY THE TRANFEROR
...
1. To perform and observe all conditions and requirements contained in the Planning Permission number XYZ
2. To maintain repair or renewing the Radway subject to the payment of the Contributio in respect of maintaining repairing or renewing hte Roadway by the Transferee

AGREEMENTS AN DECLARATIONS
...


Quoting from neighbour's Title:
12 Additional provisions
Definitions
"the Retained Land" means all land remaining in this title
"Plan 1" is the plan annexed hereto and marked Plan 1 showing the extent of the property coloured green
"Plan 2" i the plan annexed hereto and marked Plan 2 showing the position of the Roadway and responsibility for boundary features
"the Roadway" means all that area shown hatched green on Plan 2
"the Conducting Media" means all seweres water pipes water courses gas pipes electric and telephone and telecommunications cable and wires with all ancillary connections inspection chamers and other apparatus used therewith
"the Contribution" being a 50% share of hte costs of maintaining the Roadway
The expression "the Transeree" or "the Transferor" shall include the maculine and the feminine the singular and the plural and where two or more persons are referred to by that expression all covenants made by them shall be joint and several

Rights granted fo the benefit of the property
1. A right of way with or without vehicles at all times and for all purposes over the Radway subject to the payment of the Contribution
2. A right to connect into and to use the Conducting Media under or upon the Roadway
3. The right to enter upon the Roadway for the purpose of inspecting cleansing maintaining repairing and renewing the Conducting Media serving the Property subject to the Transferee and his successors in title making good all damage caused thereby at his own cost and without unnecessary delay and without causing unncessary inconcinience

Rights reserved for the benefit of other land
...

Rest is the same as ours.

Quoting from our solicitor's "Report on Title" document:
Kindly note the rights reserved out of the property in favour of the adjoining properties as referred to in in the deed and highlighted pink. These rights are granted to adjoining property where rights are required over land within you ownership. The rights will be similar to the rights granted for the benefit of the property but in reverse.

• The owner of the Land shown coloured green on Plan 1 has a right to enter onto the land shown hatched green on Plan 2 for the purpose of turning.

Quoting from the approved Planning Permission regarding the Roadway:
The permanent space shown on the plans hereby approved to be reserved on
the site to enable vehicles to:

• enter, turn and leave the site in forward gear;
• park clear of the public highway;
• load and unload;

shall be retained for no other purpose in perpetuity.
Reason - In the interests of satisfactory development and highway safety to
accord with the provision of Policy LP 15.

Quoting from the Officer Report regarding the Roadway after the cuncil's investigation:
It is unfortunate that the car parking and turning areas are not utilised as designed but this remains an issue of good neighbourliness rather than an issue that can be reslved through the planning system. The use of the car parking spaces to the rear of Plot 2 cannot be enforced.

END of quotes

Regarding parking on the Roadway, it is and always been clear to all of us that we shouldn't park on the Roadway, so it never happened. Sorry about not making that clear in the first place, but my original question was, that how these document can say different things?

Ours say: "A right to enter onto the Roadway for the purpose of turning", their's say: "A right of way with or without vehicles at all times and for all purposes over the Radway". Solicitor says: "The rights will be similar to the rights granted for the benefit of the property but in reverse". Council say: "Sorry we can't do anything about this".

Is it legal having different rules over the same piece of land? If yes, which on is right and which one is wrong? If not, who is responsible for it?

PS: Thank you for reading through all this...

Will this do?