Easements

J6dan

How do I know if easements are in place on a property for access? Nothing is actually listed on the register or plan logged on HM Land registry .
When neighbour's house was sold it was not detailed as having off road parking. It was sold buy to let and current tenants now moving out but agent has listed the rental property as having parking to rear 
Thanks

davidmcn

J6dan said:

agent has listed the rental property as having parking to rear 

On whose land?

Norman_Castle

J6dan said:

How do I know if easements are in place on a property for access?

In the deeds of any properties involved. If you are questioning rights of access across your land ask anyone claiming them why they think these rights exist.

greatcrested

Have a look at the Title and Plan for the property in question.

J6dan

davidmcn said:

J6dan said:

agent has listed the rental property as having parking to rear 

On whose land?

Off road parking on the neighbour's land but access is via shared land not belonging to neighbour. Before house was sold in 2015 the previous owner was given permission for access.

davidmcn

J6dan said:

davidmcn said:

J6dan said:

agent has listed the rental property as having parking to rear 

On whose land?

Off road parking on the neighbour's land but access is via shared land not belonging to neighbour. Before house was sold in 2015 the previous owner was given permission for access.

...and you know the current owner doesn't have permission for access? If so, do you know that they know they don't have permission for access? Where do you fit into this story?

J6dan

greatcrested said:

Have a look at the title and plan property in question.

Thanks I checked on here this morning but I find it unclear. The red line is just round the property and garden in question.
It stated this:

A: Property Register

This register describes the land and estate comprised in the title. Except as mentioned below, the title includes any legal easements granted by the registered lease but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.

XXXXXXXXXXXX : XXXXXXXXXX

1 (27.04.1995) The Leasehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXXXXX  .

2 (27.04.1995) Short particulars of the lease(s) (or under-lease(s)) under which the land is held: Date        : 18 April 1929

Term        : 999 years from 25 March 1929

Rent        : £6.5s.0d

Parties     : (1) XXXXXXXX 

              (2) XXXXXXXXX

NOTE: The Lease comprises also other land

J6dan

davidmcn said:

J6dan said:

davidmcn said:

J6dan said:

agent has listed the rental property as having parking to rear 

On whose land?

Off road parking on the neighbour's land but access is via shared land not belonging to neighbour. Before house was sold in 2015 the previous owner was given permission for access.

...and you know the current owner doesn't have permission for access? If so, do you know that they know they don't have permission for access? Where do you fit into this story?

It's my parents who gave permission to previous neighbour but have not given new owner permission , new tenants are due to move in and rental advert states off road parking which means accessing my parents land

davidmcn

J6dan said:

davidmcn said:

J6dan said:

davidmcn said:

J6dan said:

agent has listed the rental property as having parking to rear 

On whose land?

Off road parking on the neighbour's land but access is via shared land not belonging to neighbour. Before house was sold in 2015 the previous owner was given permission for access.

...and you know the current owner doesn't have permission for access? If so, do you know that they know they don't have permission for access? Where do you fit into this story?

It's my parents who gave permission to previous neighbour but have not given new owner permission , new tenants are due to move in and rental advert states off road parking which means accessing my parents land

...and have they spoken to the owners?

Titus_Wadd

Maybe also contact the letting agent to put them straight before the new tenants start using the access across your parents land; explain they're advertising something they can't offer.  I like a trail (paperless these days) so drop the agent an email.

Land_Registry

There’s a difference between giving someone verbal permission and a right (easement) being granted by way of a legal deed. 

The register doesn’t refer but that’s no surprise based on your description. So the other option is was it granted in the lease itself but that seems unlikely too if they just gave permission as you state