Right of way query

VA2020

Thanks all.

The Freehold land shown edged with red on the plan of the

       above title filed at the Registry and being *my address*

The land has the benefit of the following rights granted by a Transfer

       of the land in this title and other land dated 1971 made

       between (1) *previous owners of my property 1970s*

       "Together with all rights of way drainage support or other rights or

       quasi easements whatsoever which have hitherto been enjoyed by the

       property hereby transferred over the adjoining properties coloured blue

       on the said plan." *neighbouring property* 

This also includes one other neighbour on the other side of me who has access on the plan too, they are mid terrace.

Yes it’s is very important, as mentioned above this could cause difficulties with selling, it would probably also add value.

I also have planned extension works for this year with no way to get building materials into the garden unless it goes through the house, same for removing the old extension materials. I’m also taking all of my bins through the house to outside when I could be using the side access, so that would make more sense.

HampshireH

Might sound like a daft question but why have you put up with wheeling your bins through the house for so long

greatcrested

Get hold of (if not already), and read, the

"transfer  of the land in this title and other land dated 1971 made between (1) *previous owners of my property 1970s** and whoever the other party was.

Then investigate the rights in that

"which have hitherto been enjoyed by the       property hereby transferred over the adjoining properties".

This might involve getting hold of and reading an earlier deed or conveyance.

VA2020

HampshireH said:

Might sound like a daft question but why have you put up with wheeling your bins through the house for so long

Haha I haven’t, I’ve only done it for 2 months since moving in, sick of it already, especially in the winter when the bins are gross! 

VA2020

greatcrested said:

Get hold of (if not already), and read, the

"transfer  of the land in this title and other land dated 1971 made between (1) *previous owners of my property 1970s** and whoever the other party was.

Then investigate the rights in that

"which have hitherto been enjoyed by the       property hereby transferred over the adjoining properties".

This might involve getting hold of and reading an earlier deed or conveyance.

Ok thank you!

HampshireH

VA2020 said:

HampshireH said:

Might sound like a daft question but why have you put up with wheeling your bins through the house for so long

Haha I haven’t, I’ve only done it for 2 months since moving in, sick of it already, especially in the winter when the bins are gross! 

Sorry I misread that your neighbours were new didn't clock you were. My bad.

Yeah not something I would be doing that's for sure.

princeofpounds

As stated, you can't both own the land that the ROW sits on. That does sounds like an error (in interpretation or drafting). I suspect it is likely that you do not own it - there would be no need for a ROW if you already owned the land.

Assuming the ROW is valid (and I have no strong reason to suspect not), then you can enforce your access along it. It doesn't become extinguished even if not used for many years. You cannot unilaterally change it except to preserve your right of access, so fencing it off etc. is not your decision. But I think you know that, and are just being generous in offering to screen it at your own expense; make sure the neighbours understand that.

Regarding how to avoid a dispute - show them the documents, explain it. If they still seem resistant, suggest they get legal advice so they don't have to just take your word for it. Give them reasonable notice of work and considerate in terms of when you do it. They may never love you for it, but they should understand the existence of the ROW.

Davesnave

princeofpounds said:

They may never love you for it, but they should understand the existence of the ROW.

And neither of you wants to declare a dispute over this, if and when you sell.