Property deeds question

CarrLincs

Hi all,
We have this in our deeds:

"All such rights of way water light drainage air and other easements or quasi-easements of any

kind whatsoever in, on, under or over the property as are now used or enjoyed by the Transferor or

its tenants in respect of the retained land".
Does anyone else have this in their deeds or does anyone know anything about deeds?
The neighbours are saying this sentence means they, and anyone they give permission to, can walk through our garden whenever they like at any time of the day or night.
What do you think?

BarelySentientAI

Something like that is probably in hundreds of thousands of deeds, it's a pretty common wording - usually when a bit of land has been sold by an existing occupied house and then built on.

CarrLincs

BarelySentientAI said:

Something like that is probably in hundreds of thousands of deeds, it's a pretty common wording - usually when a bit of land has been sold by an existing occupied house and then built on.

Thank you, do you think the neighbours are right in what they are saying?

TELLIT01

It says 'All such' meaning that if they already exist they continue.  Ask your neighbour where in their Deeds it states they have existing right of way over your property.  If you have a problem you need to take it up with the conveyancing solicitor for your property as they should have noticed it and brought it to your attention.  That's what they are paid for.

Ectophile

The neighbours only get whatever easements were already in place at the time your deeds were drawn up.  If they can't show they had any, then they can't make up new ones.

ThisIsWeird

Hi CL.
Almost certainly it does not mean what your neighb says. I understand it usually refers to things like pipes and cables and sewers that are already in place.
As said by others, your neighb's deeds would need to specify any such 'right of way' or easement over your land that would give them the right to do what they claim. And your deeds would/should specify this too - I think under negative covenants or similar. Else it's trespass.
Go to LR and download a copy of your neighb's deeds, and check if it has similar wording to that pointed out in yours - almost certainly it will. So enjoy walking across your neighb's garden if he says anything so stupid again.
What's the fellow's attitude like? Is he just innocently ignorant, or is there an element of bullish entitlement there too? If the latter, you may need to clarify in a recordable way that he has no such right, perhaps offering the same content in his deeds as an example. Just in case this silly situation escalated, he mustn't be able to claim it was a silly error and noone told him...
Do you have LegProt on your home insurance? Cool - well done.

CarrLincs

ThisIsWeird said:

Hi CL.
Almost certainly it does not mean what your neighb says. I understand it usually refers to things like pipes and cables and sewers that are already in place.
As said by others, your neighb's deeds would need to specify any such 'right of way' or easement over your land that would give them the right to do what they claim. And your deeds would/should specify this too - I think under negative covenants or similar. Else it's trespass.
Go to LR and download a copy of your neighb's deeds, and check if it has similar wording to that pointed out in yours - almost certainly it will. So enjoy walking across your neighb's garden if he says anything so stupid again.
What's the fellow's attitude like? Is he just innocently ignorant, or is there an element of bullish entitlement there too? If the latter, you may need to clarify in a recordable way that he has no such right, perhaps offering the same content in his deeds as an example. Just in case this silly situation escalated, he mustn't be able to claim it was a silly error and noone told him...
Do you have LegProt on your home insurance? Cool - well done.

Thank you for this, really useful. The recordable way I think sounds like the best option.

ThisIsWeird

CarrLincs said:

ThisIsWeird said:

Hi CL.
Almost certainly it does not mean what your neighb says. I understand it usually refers to things like pipes and cables and sewers that are already in place.
As said by others, your neighb's deeds would need to specify any such 'right of way' or easement over your land that would give them the right to do what they claim. And your deeds would/should specify this too - I think under negative covenants or similar. Else it's trespass.
Go to LR and download a copy of your neighb's deeds, and check if it has similar wording to that pointed out in yours - almost certainly it will. So enjoy walking across your neighb's garden if he says anything so stupid again.
What's the fellow's attitude like? Is he just innocently ignorant, or is there an element of bullish entitlement there too? If the latter, you may need to clarify in a recordable way that he has no such right, perhaps offering the same content in his deeds as an example. Just in case this silly situation escalated, he mustn't be able to claim it was a silly error and noone told him...
Do you have LegProt on your home insurance? Cool - well done.

Thank you for this, really useful. The recordable way I think sounds like the best option.

First get a copy of their deeds - around £3. Compare the wording. If it's the same - most likely is - then just ask them to explain whether it means you, and anyone else, can walk all over their property?

"The neighbours are saying this sentence means they, and anyone they give permission to, can walk through our garden whenever they like at any time of the day or night." If that is an accurate summation of what they said, and suggestive of the way they said it, it does sound as tho' you have a complete clot living next door. The only time they can enter your garden is with your permission, or in an emergency, or if they need to carry out maintenance to their own property and access via yours is the only reasonable method - and even then they need permission or a court injunction.

How long have you lived here for? And your neighbour? If you have only just moved in, then I'd ask your conveyancer to clarify that content. Or, if you have LP - please tell me you have LP - then simply call them up for advice. This shouldn't cost.

If you don't yet have LP, then for pity's sakes add it.

BarelySentientAI

ThisIsWeird said:

CarrLincs said:

ThisIsWeird said:

Hi CL.
Almost certainly it does not mean what your neighb says. I understand it usually refers to things like pipes and cables and sewers that are already in place.
As said by others, your neighb's deeds would need to specify any such 'right of way' or easement over your land that would give them the right to do what they claim. And your deeds would/should specify this too - I think under negative covenants or similar. Else it's trespass.
Go to LR and download a copy of your neighb's deeds, and check if it has similar wording to that pointed out in yours - almost certainly it will. So enjoy walking across your neighb's garden if he says anything so stupid again.
What's the fellow's attitude like? Is he just innocently ignorant, or is there an element of bullish entitlement there too? If the latter, you may need to clarify in a recordable way that he has no such right, perhaps offering the same content in his deeds as an example. Just in case this silly situation escalated, he mustn't be able to claim it was a silly error and noone told him...
Do you have LegProt on your home insurance? Cool - well done.

Thank you for this, really useful. The recordable way I think sounds like the best option.

 The only time they can enter your garden is with your permission, or in an emergency, or if they need to carry out maintenance to their own property and access via yours is the only reasonable method - and even then they need permission or a court injunction.

That's extremely presumptive, based on the limited evidence so far.

It is perfectly possible that there is a reserved right of way across one property's garden usable by another, indicated by wording such a wording. 

I'm sure about that because there's one on mine.

They don't need my permission or to declare an emergency to use it.  And they certainly don't need a court injunction.

The important part is to discover what rights were being preserved in the transfer.

ThisIsWeird

BarelySentientAI said:

ThisIsWeird said:

CarrLincs said:

ThisIsWeird said:

Hi CL.
Almost certainly it does not mean what your neighb says. I understand it usually refers to things like pipes and cables and sewers that are already in place.
As said by others, your neighb's deeds would need to specify any such 'right of way' or easement over your land that would give them the right to do what they claim. And your deeds would/should specify this too - I think under negative covenants or similar. Else it's trespass.
Go to LR and download a copy of your neighb's deeds, and check if it has similar wording to that pointed out in yours - almost certainly it will. So enjoy walking across your neighb's garden if he says anything so stupid again.
What's the fellow's attitude like? Is he just innocently ignorant, or is there an element of bullish entitlement there too? If the latter, you may need to clarify in a recordable way that he has no such right, perhaps offering the same content in his deeds as an example. Just in case this silly situation escalated, he mustn't be able to claim it was a silly error and noone told him...
Do you have LegProt on your home insurance? Cool - well done.

Thank you for this, really useful. The recordable way I think sounds like the best option.

 The only time they can enter your garden is with your permission, or in an emergency, or if they need to carry out maintenance to their own property and access via yours is the only reasonable method - and even then they need permission or a court injunction.

That's extremely presumptive, based on the limited evidence so far.

It is perfectly possible that there is a reserved right of way across one property's garden usable by another, indicated by wording such a wording. 

I'm sure about that because there's one on mine.

They don't need my permission or to declare an emergency to use it.  And they certainly don't need a court injunction.

The important part is to discover what rights were being preserved in the transfer.

Absolutely.
I did mean the above would be the case having first determined that there were no such covenants or easements in the neighbour's deeds. I also recommended the OP contact their conveyancing solicitor if a recent purchase, or their LegProt if not.
Given all that, the above scenario is then the most overwhelmingly likely, as it is for the vast majority of property owners.
Must dash - my !!!!!! neighb is in my garden again...