Easment contradiction

[Advice1983]

Please help. We recently purchased a property and erected a new fence and 2 gates. We locked the gates and offered the neighbour a key to use in emergencies and for contractors but would like them to agree with us prior to anyone attending as we would like to be aware when to expect someone on our land. We also have young children so need to keep them safe. We have received a letter from her solicitor giving us 7 days to remove the lock and that her deeds over rule ours and she has free reign over our land and does not need to seek permission. Surely this can't be right and this means my deeds aren't worth the paper they are written on. Thank you in advance.

[des8]

What is the exact wording of the easement?

[Advice1983]

Ours state - limited access for contractors and such like in reasonable connection.
neighbours- full rights and liberty for domestic pleasure and enjoyment only.

As states we have offered a key for emergencies and with notification prioer to entering. This isn't good enough and they want our gates unlocking, unlimited access and free reign over our land for herself, visitors and business.


Thank you.

[atticus]

Someone needs to have a critical look at the deeds and land registry details for both properties.

Do you have legal expenses insurance?

[Advice1983]

Just checked and unfortunately we don't. I'm just not sure why our deeds mean nothing and we've given a compromise but they refused and have given us a deadline to remove the locks or they will be taking us to court. My conveyancer solicitor said she would have a look and that they don't have the access rights they say she does. She regularly enters our garden and accesses part of the land not covered with the limited access to retrieve items her nursery children have thrown over. Surely this is classed as trespassing. We are also unable to run a business from our property and I am not confident she has permission to run hers which affects us enjoying our home for over 12 hours a day due to the noise, constant dropping and picking up of children and parents who block our drive.

[Ukmicky]

We need the full and proper wording from both. You can download theirs from th3 land registry website. Make sure it’s the proper website as there are other sites pretending to be the land registry that charge 4 x as much.

[Advice1983]

redacted ours.pdf

[Advice1983]

theirs redacted.pdf

[Advice1983]

There is nothing in the title deeds with regards to any ROW or easement, the local authority search returned with no ROW and the conveyances are what hold the information provided in the 2 previous posts.

[atticus]

Those conveyances are title deeds. Do you mean that there is nothing in the land registry title document for either property?

Is your neighbour asking for more than is shown in the conveyance of her land?

[Advice1983]

Sorry yes that's right nothing in any document orher than those attached. She was free reign over our land and to do so without permission. So gates unlocked and her, her family, guests of children from her nursery can pass through at any time without notice. This person also likes to enter at her free will to retrieve items thrown over the fence which fall on parts not covered by the deeds.

[atticus]

My recommendation is to get advice from a good solicitor. If you are going to stand up to this you need to do so robustly.

[Crazy council]

Hi. Probably need to see the plan refereed to.

Years ago i dealt with a similar dispute were 2 sets of plans/ deeds differences allowed different interpretations. Even if you try fight it out at court or through council, They will eventually end up telling you to get a independent charterd surveyor to asses both plans and make dissension. The land reg will follow that interpretation. If the opposite site apposes it. They get an independant surveyor and teh land reg decides.

Generally you should try agree on a surveyor between you.

Also, do not block them or lock the gates while dealing with it.

[Advice1983]

Thanks for advice. I would but we have items in the shed of high value and young children that play in the garden and don't think it's fair we have to risk the safety of our young children or our property.

[Crazy council]

Thanks for advice. I would but we have items in the shed of high value and young children that play in the garden and don't think it's fair we have to risk the safety of our young children or our property.

You really should follow the instruction from the solicitor or at least formally challenge them. If you just ignore it they may act and yu may be responsible for the charges. I was a property manager for someone who did something similar but prob more justifiable. Judge awarded all costs against him. Deeds are serious documents and have to be challenged formally. Theres a process for doing it, at best, the court will just eat up your money and say follow the proper process,, at worst, they will order costs against you.

Edit : Just to add, the guy was right, but got cost awarded against for not following teh process first.