Right of access dispute - Anyone any experience?

[SJR1971]

Hi there,

My neighbour has gated off and built decking on the land behind his home which is the access to my (and neighbours) back garden(s), I've obviously spoke to him raising my objection but he's adamant it's all staying so before I commit to burning a load of cash with a Solicitor has anyone had a similar dispute?

Cheers

S.

[atticus]

As a start, obtain Land Registry title details for your property and this neighbour's property - including title plans. You are looking to see what may be said about any rights of way.

How long have you lived there and used the access way? Same question for any neighbours who use this access.

[SJR1971]

As a start, obtain Land Registry title details for your property and this neighbour's property - including title plans. You are looking to see what may be said about any rights of way.

How long have you lived there and used the access way? Same question for any neighbours who use this access.

12 Years - used by myself and 2 sets of neighbours.
I've downloaded what's available from the land registry and it states a "benefit of access" I believe the info required is in the original deeds which are with my Solicitor.

[atticus]

Have you downloaded this neighbour's land registry title document? If not, you should do so, to see whether it refers to the land as being subject to a right of way over the access that you have been using.

NB no need to use the quote function to reply.

[SJR1971]

Thanks for your replies Atticus,

I just downloaded and it states....

1. 2 The land has the benefit of the rights granted by but is subject to the rights reserved by the Conveyance dated 29 September 1938 referred to in the Charges Register.
2. 3 The Conveyance dated 29 September 1938 referred to in the Charges Register contains a provision as to boundary structures.

Am I able to access the conveyance online?

[atticus]

You will need to ask the Land Registry! A copy may be held on file.

[IdefixUK]

On the Title Plan for your property there will be a red line indicating the extent of the Land in your ownership, also any areas where your property benefits from a Right of Way over land in the ownership of others should be indicated on the plan. In the Title plan of the neighbour the part of the property subject to the burden of the Right of Way should be indicated. are you able to post a copy of these plans ( cover up any reference to the add and the title number)
You can download these plans from the (genuine.gov). Land Registry for £3 each (if the properties are registered).

[SJR1971]

Thanks IDEFIXUK,

Both mine and my disputed neighbour's downloaded title plans show a continuous line though the right off access saying its our land, i believe the all important thing is the wording on the conveyance.

Its a ball ache i can well do without.

[IdefixUK]

I think that, in order for anyone to give sensible advice on this thread, you should post a redacted copy of the plan(s) or a sketch diagram of the situation,
(together with any wording regarding your "access" from your Title Deeds).

Do the Title Deeds make reference to the 1938 conveyance by stating "copy filed" ? If so you can obtain a copy by written application to the LR. costing £7. The LR web site has details of which form to download and complete when making an application.