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Comments
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It works two ways, the OP also has to prove there is no ROW. A back door leading to a yard would suggest a ROW but it could get very expensive proving otherwise.
A passage of time also creates a ROW, this would also need looking into.0 -
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It works two ways, the OP also has to prove there is no ROW. A back door leading to a yard would suggest a ROW but it could get very expensive proving otherwise.
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I would say the OP has already proved there is no ROW - ie there is no mention whatsoever of a ROW anywhere on the paperwork. Therefore the burden of proof lies with the trespasser to prove that there is a ROW.0 -
I always thought than over a period of time, if there has been unhindered and continuous access, then a right of way has been established.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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You say you have the title and the title plan, are you sure that you have the full title as registered and not just an extract that you have downloaded from the land registry website.
Covenants and easements are usually written into the TR1 document at first transfer this document would be part of the full title but all covenants and easements don't always make their way into the extract.
It doesn't seem very likely that someone would split a house into flats sell one with a backdoor opening to a yard and not grant access to that door. The red line surrounding the freehold has nothing to do with any easements that might be granted over land you own.
I would check you have sight of the full title and original TR1 before you go in all guns blazing. Your solicitor should have seen this when you purchased the property and made you aware if he did his/her job properly.
How long has the property been split into flats0 -
lincroft1710 wrote: »I always thought than over a period of time, if there has been unhindered and continuous access, then a right of way has been established.
This is true but would need to be evidenced in some sort of way, but a statement of declaration might be enough for example if the neighbour had been living there for a large number of years and stated for example that they had used that yard for x years unhindered0 -
You say you have the title and the title plan, are you sure that you have the full title as registered and not just an extract that you have downloaded from the land registry website.
Covenants and easements are usually written into the TR1 document at first transfer this document would be part of the full title but all covenants and easements don't always make their way into the extract.
It doesn't seem very likely that someone would split a house into flats sell one with a backdoor opening to a yard and not grant access to that door. The red line surrounding the freehold has nothing to do with any easements that might be granted over land you own.
I would check you have sight of the full title and original TR1 before you go in all guns blazing. Your solicitor should have seen this when you purchased the property and made you aware if he did his/her job properly.
How long has the property been split into flats
^^ this.
We have a right of way over a neighbours yard to our back door and it doesn’t show on the title extracts that can be downloaded from the Land Registry but was stated in the more detailed forms that were provided by our solicitor.
Out of interest, how long have both parties owned the respective properties? When you bought the house, did you get the solicitor to investigate this issue? We saw when we first viewed that the back door has an unusual exit arrangement and wanted to know as a priority what the score was with it - everybody uses their back door into the kitchen as the main entrance round here.0 -
moneyistooshorttomention wrote: »Even if they have - they'd have to prove it.
Having a door would imply that the house holder was able to use it, that is common sense.
The OP seems rather slow in giving us any detail. Is it a terrace, have the doors been there since they were built?
The OP seems rather strongly that its his land, so if a new door was installed, he would have objected.
Perhaps this door can be accessed from another direction?0 -
The house is a terrace, their house has never been part of ours, they just have a back door into our yard, it isn't clear why. We have the full title to our property, it makes no mention of any rights of way. We only have the main extracts for their register But we have asked that if they wish to continue using it, they prove that they have a right of way, they have so far not been able to do so. If they have an easement, they have not produced it, but simply continue to trespass.
If they can prove it, we will of course comply with the law.
As far as the 20 years issue goes, the house was rented to multiple occupants. far too many to track down, over many years. None of whom used the back yard without permission in any regular or continuous fashion. This is why we want to act now, as the new owners have suddenly decided to help themselves to our yard, and we want to make sure no right of way is established.0 -
You need to get the documents in front of the neighbour and prove/disprove any rights to pass over the land.
Many people think/assume that their version of what's theirs is the only version. Just the other night on Neighbours from Hell there were two flats, the lady downstairs had the whole back garden; upstairs a dippy couple saw it and decided that it should be theirs too, to share - and started making her life hell.
Even though Camden Council, who own both flats, categorically stated that the garden was for the sole use of the downstairs flat, the upstairs dippy mare was filmed staring whistfully out of the window at the garden saying "we've been walking round garden centres dreaming and imagining what we could put there".... they absolutely refused to accept that wanting something to be so doesn't make it so.
Maybe your neighbours are dippy - there are a lot of dippy people about .... they make assumptions and believe their own made up versions.
Nail it!
People need to learn that they can't just help themselves to the land of others because they think they should be able to... for whatever warped thinking they possess. Many people are simply too thick to ever read their deeds/covenants, restrictions etc and understand them ... and they just assume stuff.0
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