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Neighbour dispute?

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  • Cakeguts
    Cakeguts Posts: 7,627
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    AineS77 wrote: »
    Yes they are old cottages- built circa 1810.

    Title says of the access " at all times and for all purposes" which seems to be a grey area of law where you may or may not use vehicles dependent on the width of the lane. It is wide enough for a car but no passing at all. I think he is stretching the law by parking for hours at a time on our drive and calling it unloading/loading by just having his flashers on but technically he is abiding by the law, as far as we can determine.


    You need to find out if the access for all times and all purposes means I can park my horse and cart on here all day or I can only drive my horse and cart over it and not stop on it. Usually if one person owns the land the access is only for passing over not stopping but it might be different in this case. You need to find out what it says in his deeds for using the access.
  • Mojisola
    Mojisola Posts: 35,551
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    AineS77 wrote: »
    He knocked on the front door later and gave us a copy of his title deed

    What exactly do his deeds say about the right of way?
  • AineS77
    AineS77 Posts: 25 Forumite
    Absolutely you are correct - I didn't. I feel foolish. But on the other hand I still don't think this is my fault. I did pay a large sum of money to my solicitor to do all of these checks for me and explicitly said on several occasions that we are concerned about access and she still did not pick up on it or the backdated documents.

    I don't speak legal and some of the documents go back many many years so its hard for a non-legal joe soap to unpick it all. I was wrong to not check her work (I did read everything) but I do believe that she should have done all of these checks as standard. I still don't know what the significance of the backdated SPIF is tbh. I would be interested to know if anyone does?Does it nullify any dispute in the interim of being signed in 2016 and sale of property?

    He does have right of way registered to black line on map but he can't use the lane between garage and his house as this is our property so he is basically making our life a misery until we give him full access, we believe. The lane is very narrow and any vehicle bigger than a small car would risk bumping our garage.
  • I thought it had to be specifically stated that the "access at all times for all purposes" was to be by vehicle if it includes vehicle access??
  • AineS77
    AineS77 Posts: 25 Forumite
    Mojisola wrote: »
    What exactly do his deeds say about the right of way?

    Title deed says:

    " A right of way for at all times and for all purposes over the road or entranceway and yard hatched black on the said plan subject to payment of fair proportion of the cost and expense of maintaining and repairing such roadway and yard"
  • AineS77
    AineS77 Posts: 25 Forumite
    I thought it had to be specifically stated that the "access at all times for all purposes" was to be by vehicle if it includes vehicle access??

    From research I have done since purchasing, apparently not always. Sometimes deeds do explicitly say vehicle but not saying vehicle doesn't mean that it excludes vehicles.
  • allypally26
    allypally26 Posts: 92
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    When was the last time he paid maintenue costs?
  • AineS77
    AineS77 Posts: 25 Forumite
    When was the last time he paid maintenue costs?

    I don't think anyone has ever paid any maintenance costs, to the best of my knowledge. Unmade lane is a bit bumpy (no-one owns it) but our portion of property has tarmac and is in good condition. We have only been here a few months so yet to see how that fares if we ever need to broach the subject.
  • allypally26
    allypally26 Posts: 92
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    Charge him for Back dated maintenance if he doesn!!!8217;t pay he can!!!8217;t use the lane simples.
  • AdrianC
    AdrianC Posts: 42,189
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    AineS77 wrote: »
    I still don't know what the significance of the backdated SPIF is tbh. I would be interested to know if anyone does?Does it nullify any dispute in the interim of being signed in 2016 and sale of property?
    Were they answers they gave correct, as of the date the form was completed and signed?


    If so, then...
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