Land Registry questions

BISCUIT1 wrote: »

Hello Land Registry rep, I have a query I am hoping you can help with. I am buying some farm land adjacent to my current house/land and in the course of the process I have established that there is agricultural use access on to the land across a track that has since fallen into disuse. The current owners never used it and to be honest probably forgot it existed as they didn't need to use it but it would be very useful for me to start using just for haymaking time. The problem is that the track at the head of the access on the title deeds has in, I would say the last 5 years been fenced of by the adjoining house and they are now using it as their garden. They have apparently told others they bought it off the council but according to the council they have never owned it and it is unregistered from what I can see on the LR maps and it certainly isn't included in the houses title plan. Once the sale is complete I intend to go and see them and try the tea and cake approach but if this doesn't work and they don't agree to remove the fencing and allow the access I am entitled to across the unregistered land how do I go about achieving this? (for info the current owners will not entertain sorting this out prior to sale due to their circumstances so I accept I am buying this as is and if I get the access re-instated it will be a bonus if that makes sense) If the land was registered I appreciate it would be a civil matter with the owner but in this case the land is not registered and they appear to have taken it informally. Many Thanks.

BISCUIT1 wrote: »

Thank you for your reply. This is what the Property Register says:
"The land has the benefit of the following rights granted by a Conveyance of the land tinted blue on the filed plan dated 28/02/1930 made between ** and **.:
Together with the benefit of (so far as the vendor can lawfully grant the same but not further or otherwise) full and free right for the Purchaser and his successors in title owner or owners for the time being of the two fields of land firstly and secondly hereinbefore described or either of them in common with the vendor and his successors in title and all other persons entitled or to become entitled thereto or to thereof of passing and trespassing at all times over and along the roadway coloured yellow on the said plan and so as to connect the said fields of land hereby conveyed with the main road from ** to ** but so that such roadway shall be used for agricultural purposes only in connection with the said two fields of land first and secondly herein before described"

The first part of the yellow track is now fenced off by the house and my access would effectively stop them using it as it it would require a tractor driving through what they are now using as their garden but you can see on Google earth history it was until about 5 years ago a maintained track the width of a tractor.Their claiming the land seems to be negating what i am entitled to on the deeds unless i am mistaken so would that affect their claim to the land and if so how do i need to proceed with this? If someone takes unregistered land is it only up to an individual affected by it to challenge it and if so how would i get them to remove their fence? Sorry for the long post!