Maintaining Access Area to My Land

[stressederic]

Hi Guys,

My lovely neighbors are at it again!...i have a 6 sqm area (5m wide by 1.2m deep) where i access my land/field.

This area is owned by my neighbors, however as per the deeds i have full right of way.

Due to weather conditions/winter etc this area is quite muddy and slippery, so i have been putting down any bits of gravel i can get hold of to form a small walkway across the said access area!.
My neighbors keep driving over this area, when they come and go from their house. There is no need for this other than to 'damage' said walkway. I have all of this on CCTV.
You can even see how they purposely drive over said area when there is no need to as there is a driveway alongside my access area.

FYI - The access area on the deeds shows as part of the driveway.

Within the deeds it states from time to time i will be required to contribute towards maintaining the driveway.

What rights do i have here? Can i just go ahead and maintain my access area?
As its their land can they get away with this?...my intention is to stone the full access area once the weather gets better.

Are there any laws around rights to maintain access areas?

Thanks in advance.

[des8]

Re: Maintaining Access Area to My Land

If the right of way falls into disrepair, and if no-one can be identified as the party responsible for maintenance and if the owner of the servient tenement does not repair it, then the owner of the dominant tenement (who is inconvenienced by the poor condition of the way) may repair the way but must be careful not to improve the way (for it is not his land to develop). Thus a gravel drive may be re-graveled by the owner of the dominant tenement but he must not improve it by concreting or tarmaccing the surface.

If they are deliberately driving over the right of way so as to make it near impassable,this could be interpreted as substantial interference with your easement, and you might be able to obtain an injunction to stop it

[stressederic]

Re: Maintaining Access Area to My Land

The access area is / was a grassed verge...due to it never been maintained. The deeds show the access area as part of the driveway.
The condition of this access area is making life difficult and more so, dangerous under foot.

I know Its not the crime of the century but when you are simply trying to get on with your life and this keeps happening it starts to get very annoying.
I wont be tarmac'ing it...i 'll just get a ton bag of gravel and put that down.

Also to mention, said neighbors have an harassment warning against them. Does this put them in breach of this?

Thanks again.

[Openlaw15]

Re: Maintaining Access Area to My Land

Hi Guys,

My lovely neighbors are at it again!...i have a 6 sqm area (5m wide by 1.2m deep) where i access my land/field.

This area is owned by my neighbors, however as per the deeds i have full right of way.

Due to weather conditions/winter etc this area is quite muddy and slippery, so i have been putting down any bits of gravel i can get hold of to form a small walkway across the said access area!.
My neighbors keep driving over this area, when they come and go from their house. There is no need for this other than to 'damage' said walkway. I have all of this on CCTV.
You can even see how they purposely drive over said area when there is no need to as there is a driveway alongside my access area.

FYI - The access area on the deeds shows as part of the driveway.

Within the deeds it states from time to time i will be required to contribute towards maintaining the driveway.

What rights do i have here? Can i just go ahead and maintain my access area?
As its their land can they get away with this?...my intention is to stone the full access area once the weather gets better.

Are there any laws around rights to maintain access areas?

Thanks in advance.

Have you registered this easement at the land registry?

[Openlaw15]

Re: Maintaining Access Area to My Land

Hi Guys,

My lovely neighbors are at it again!...i have a 6 sqm area (5m wide by 1.2m deep) where i access my land/field.

This area is owned by my neighbors, however as per the deeds i have full right of way.

Due to weather conditions/winter etc this area is quite muddy and slippery, so i have been putting down any bits of gravel i can get hold of to form a small walkway across the said access area!.
My neighbors keep driving over this area, when they come and go from their house. There is no need for this other than to 'damage' said walkway. I have all of this on CCTV.
You can even see how they purposely drive over said area when there is no need to as there is a driveway alongside my access area.

FYI - The access area on the deeds shows as part of the driveway.

Within the deeds it states from time to time i will be required to contribute towards maintaining the driveway.

What rights do i have here? Can i just go ahead and maintain my access area?
As its their land can they get away with this?...my intention is to stone the full access area once the weather gets better.

Are there any laws around rights to maintain access areas?

Thanks in advance.

An easement is right to use land not a right to land. Do you have any alternative route other than the right of way use?

[Openlaw15]

Re: Maintaining Access Area to My Land

Hi Guys,

My lovely neighbors are at it again!...i have a 6 sqm area (5m wide by 1.2m deep) where i access my land/field.

This area is owned by my neighbors, however as per the deeds i have full right of way.

Due to weather conditions/winter etc this area is quite muddy and slippery, so i have been putting down any bits of gravel i can get hold of to form a small walkway across the said access area!.
My neighbors keep driving over this area, when they come and go from their house. There is no need for this other than to 'damage' said walkway. I have all of this on CCTV.
You can even see how they purposely drive over said area when there is no need to as there is a driveway alongside my access area.

FYI - The access area on the deeds shows as part of the driveway.

Within the deeds it states from time to time i will be required to contribute towards maintaining the driveway.

What rights do i have here? Can i just go ahead and maintain my access area?
As its their land can they get away with this?...my intention is to stone the full access area once the weather gets better.

Are there any laws around rights to maintain access areas?

Thanks in advance.

If you cannot sort this with your neighbour you need to take it to court. You could obtain a declaration which the judge will then confirm your rights to your neighbour, and or damages for substantially interfering with your use, ie it's not trivial and you have evidence to back it up via your CCTV. Alternatively, as Des says, you could ask for an injunction if damages is not suitable, to stop the neighbour interfering with your use of the easement. Unless you register the easement I don't think it's a legal right (ie discretionary only) regardless if by deed. I do not believe there is a law to force your neighbour to repair unless there is an agreement (covenant) between you both which deals with contribution. Define 'contribution'...is there a value, ie 20%, 40%, 80%? Does contribute mean 'repair' ie contribute to the problem? If you have to contribute it could imply the neighbour contributes too. It is so vague. Can you copy and paste exactly what it states on the deed word for word (ie verbatim).

[stressederic]

Re: Maintaining Access Area to My Land

If you cannot sort this with your neighbour you need to take it to court. You could obtain a declaration which the judge will then confirm your rights to your neighbour, and or damages for substantially interfering with your use, ie it's not trivial and you have evidence to back it up via your CCTV. Alternatively, as Des says, you could ask for an injunction if damages is not suitable, to stop the neighbour interfering with your use of the easement. Unless you register the easement I don't think it's a legal right (ie discretionary only) regardless if by deed. I do not believe there is a law to force your neighbour to repair unless there is an agreement (covenant) between you both which deals with contribution. Define 'contribution'...is there a value, ie 20%, 40%, 80%? Does contribute mean 'repair' ie contribute to the problem? If you have to contribute it could imply the neighbour contributes too. It is so vague. Can you copy and paste exactly what it states on the deed word for word (ie verbatim).

I know the deeds/plans etc are registered with the Land Registry. I have not registered any easement.
Is this easy to do?


The Land Registry TP1 doc states

Definitions:
Private Driveway means the private drive coloured in green on the plan. (The access area to my field is incorporated in this i.e. its shaded green).

Rights Granted:
A full and free right of way at all times and for all purposes over and along the private driveway.

Restrictive Covenants by the Transferor:
To contribute a reasonable proportion calculated according to the user of the expense from time to time incurred in maintaining, repairing and renewing the private driveway.

So from what i can make out i have a right to maintain to access area to my land as it comes under the private driveway and then request a contribution from my neighbor...they can also do the same...is this correct?
However, im just happy as long as i can maintain my access area without them coming along and digging up and work i do on it e.g. graveling the 6sqm access area.

I do NOT have any other area of access to my land other than this 6sqm area.

Thanks.

[Openlaw15]

Re: Maintaining Access Area to My Land

I know the deeds/plans etc are registered with the Land Registry. I have not registered any easement.
Is this easy to do?


The Land Registry TP1 doc states

Definitions:
Private Driveway means the private drive coloured in green on the plan. (The access area to my field is incorporated in this i.e. its shaded green).

Rights Granted:
A full and free right of way at all times and for all purposes over and along the private driveway.

Restrictive Covenants by the Transferor:
To contribute a reasonable proportion calculated according to the user of the expense from time to time incurred in maintaining, repairing and renewing the private driveway.

So from what i can make out i have a right to maintain to access area to my land as it comes under the private driveway and then request a contribution from my neighbor...they can also do the same...is this correct?
However, im just happy as long as i can maintain my access area without them coming along and digging up and work i do on it e.g. graveling the 6sqm access area.

I do NOT have any other area of access to my land other than this 6sqm area.

Thanks.

About registering an easement, read this: https://www.gov.uk/government/public...e-62-easements It states which forms to use and complete etc. It tells you what effect the easement has on others etc too.

[des8]

Re: Maintaining Access Area to My Land

As the right of way, or easement, is over property already recorded with Land Registry, who have noted the easement, won't it be registered already ?

[Openlaw15]

Re: Maintaining Access Area to My Land

As the right of way, or easement, is over property already recorded with Land Registry, who have noted the easement, won't it be registered already ?

The right claimed is against the neighbour's property as a third party interest (ie easement) so the right claimed would be registered on the neighbour's property not the OP's. So no I do not think it would be automatic as the OP's neighbour will be alerted and if this were the case the neighbour wouldn't be carrying on the way they are, by unreasonably interfering with OP's use.

[stressederic]

Re: Maintaining Access Area to My Land

The right claimed is against the neighbour's property as a third party interest (ie easement) so the right claimed would be registered on the neighbour's property not the OP's. So no I do not think it would be automatic as the OP's neighbour will be alerted and if this were the case the neighbour wouldn't be carrying on the way they are, by unreasonably interfering with OP's use.

Many thanks guys...why people behave like this is beyond me!

Regarding the easement...if i apply for one can it be rejected?...Can the neighbors block it?...Can i check with Land Registry to see if an easment has been automatically registered as part of the house purchase?

Thanks again.

[Openlaw15]

Re: Maintaining Access Area to My Land

Many thanks guys...why people behave like this is beyond me!

Regarding the easement...if i apply for one can it be rejected?...Can the neighbors block it?...Can i check with Land Registry to see if an easment has been automatically registered as part of the house purchase?

Thanks again.

No, because it is a right to use land which is legally protected. A one sided notice is not enough so i would contact the land registrar and ask how do you go about registering your easement type.

[Carnelian]

Re: Maintaining Access Area to My Land

Many thanks guys...why people behave like this is beyond me!

Regarding the easement...if i apply for one can it be rejected?...Can the neighbors block it?...Can i check with Land Registry to see if an easment has been automatically registered as part of the house purchase?

Thanks again.

I would be wary of making an application that might ever be turned down, you already have the right it is just noting it, and if the right is on your deeds surely sending the others a copy with a letter might be all that is needed? Have you tried contacting them more officially/seriously?

Also one tip before you put down gravel you need a underlay or it will slowly mix into the mud again, get a roll of black plastic or maybe even black bags would be better than nothing.

[Openlaw15]

Re: Maintaining Access Area to My Land

I would be wary of making an application that might ever be turned down, you already have the right it is just noting it, and if the right is on your deeds surely sending the others a copy with a letter might be all that is needed? Have you tried contacting them more officially/seriously?

Also one tip before you put down gravel you need a underlay or it will slowly mix into the mud again, get a roll of black plastic or maybe even black bags would be better than nothing.

He has the right to use the easement as it is an express easement by deed. He however must register the easement type (interest in land) as since 2003 under the Land Registration Act 2002 it has been a registerable disposition, which means it must be done by law. There is a notice of this right, but it is seemingly only sided so it is not yet a priority (over-riding interest). The reason for the land register is to show all enquirers all interests in registered land so that it mirrors actual any person's land interests (the mirror principle). If the easement is not registered appropriately it loses priority (no long over-riding) and is relegated to discretionary status (ie equitable right instead of a legal right). So it's not just a formality it's giving him priority. It's like a bank may have a legal mortgage on a person's property but if that is not registered appropriately that too will only be equitable (ie discretionary). Parliament (who makes the law) and the Law Commission (who review the law) believe rightly that land law must reflect person's current land interests. So, it's not a case of making an application to the land registrar and then taking the risk of it being refused; it is just a necessary formality to protect a legal easement.