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Covenant on Title Deeds but not Land Registry

no_name_here
Posts: 2 Newbie

Our property is the middle property of 3 houses with a shared driveway. We each own our driveway and the portion of the shared access in front of our property which is on our land registry title plan.
My question is regarding the shared access portion of our drive that is driven over to access the properties.
There is a covenant in our title deed about ingress / egress to our properties with a shaded area included showing the land in front of our driveway. This was between the developers and original owners of the property. However, this isn't on the restrictions section of the Land Registry Title for the property.
We've been the property 4 years and recently all agreed to have a new driveway as the old one was in disrepair.
Since then our neighbours have said they don't like us driving forward on to their land (shared access area on covenant) to reverse into our parking area; even though we have done this since moving in 4 years ago, because of tyre marks from us maneuvering into place during the hot weather
Just looking for an advice in where we stand with this in terms of covenants and it not being on land registry.
Many Thanks
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Comments
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You say it isn't on the land registry, but presumably the Deed in which the rights and obligations were set out is referred to on your Title Register? Not all provisions are copied and pasted onto the Register itself and you have to refer to the actual Deeds for the details.3
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loubel said:You say it isn't on the land registry, but presumably the Deed in which the rights and obligations were set out is referred to on your Title Register? Not all provisions are copied and pasted onto the Register itself and you have to refer to the actual Deeds for the details.
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Yes, there should be an entry referring to any document containing relevant rights, reservations or covenants which have not been added to the Title directly.3
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As loubel has stated the covenants will be in that Conveyancer or other deeds referred to on the register. Covenants are the key things here re who agrees to do what or not to do certain things and doubtless the Conveyance also refers to the actual rights over the land both for yourselves and your neighbours.
Restrictions are something quite different.
All agreeing to a 'new drive' is fine but have you then formalised that agreement in some way? Does it vary/change affect the covenants and rights already enshrined in the Conveyancer or other deeds?
Neighbours 'not liking' something is often best dealt with by an open and amicable chat rather than trying to lay down the law (legal position) which may, due to the changes made, be a difficult one to explain and also all agree upon.
I'd start with confirming what the registered information tells you; consider legal advice (see if your home insurance includes that as part of the policy); and then considering how best to move matters forward so that you are all aware and in agreement as to what's happening and also ensure that if changes to the registered information are required then this is formalised - leaving as is may create an issue when any of you come to sell for example as there's a mismatch in registered information and understanding“Official Company Representative
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