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Variation to Easement

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  • Variation to Easement

    The title deeds to my home have an easement for my neighbour to go over my garden and a passageway to the front.
    Tags: None

  • #2
    The easement and title deeds do not show the extension on my neighbours house. The access into my garden was moved but there are no variation deeds to show the owner of my house and the easement holder agreed this change.
    Can I challenge this easement?

    This neighbour has also been trespassing in my garden, taking advantage of my disability to use a shortcut over my garden to get o the neighbour on the other side of my house. I have asked her to stop but the trespass is continuing. She has now reported me to the Police and I have to go give a voluntary interview next week. All is did not as ask her to get out of my garden when she was using her “ shortcut”

    1) The deed is a mess! How do I update it with Land registry?
    2) Can I remove the easement as it was never agreed by variation?
    3) How do I tackle the trespass?

    I am heartily sick of this neighbour!

    Comment


    • #3
      Did you act on the advice echat11 gave you in November 2021?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Hello, there isn't really enough information to go on but to answer your questions

        1. You will need a court order or all-party agreement to update the deed.
        2. Yes, but you will need to go to court/tribunal which will cost you.
        3. See point above.

        Land disputes can be extremely costly so you would be wise to seek some initial legal advice on the merits of your case. It may be more be more cost effective to issue a civil claim for trespass and seek an injunction against your neighbour from passing over your land.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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