Land Boundary / Access

[townonenil]

I wonder if it might be possible to get some advice please. Around 12 years ago my wife and I bought our house from a local developer. Just before completion, he changed the boundary and kept around a 2m strip of land at the bottom of the garden. He is now saying he intends to build on the land next door to us and builders can park on this strip of land which we have to cross to get into and out of our property and 'there is nothing you can do about it'. We park our cars in the garden as we only have access from the rear of the house and if he does this we will have no way of getting into or out of our garden. I can't see anything on the deeds granting us access across this strip - are we snookered? At the time of buying he was all very amicable and friendly and that it would never be a problem etc etc...so we never thought anything about it.

[Jessa2068]

I think you’re snookered. If the deeds don’t grant you a right of way across the retained strip, and there’s no covenant on the developer’s part restricting him from obstructing the strip, then there’s not a whole lot you can do.

You can acquire easements, but don’t think you’d qualify in this instance. Easement by prescription - you’d have to have exercise the right of way for 20+ years without permission. Easement by necessity - only if your land was otherwise landlocked with no means whatsoever of accessing the property (as a whole not just the rear garden).

Only thing you could do is try to come to some sort of agreement with the developer, however no guarantees here; developers are generally about the £££ rather than niceties.

[ostell]

So you have ben using the land without hindrance for 12 years. you may be able to apply for adverse possesion of the land.

[townonenil]

We hav had no issues crossing this strip until now, it is literally a piece of grass which we have had to maintain if we wanted to get out. The developer, 12 years ago, even put up a new fence with double gates which opened outwards across this strip so we could park in our garden.

[des8]

It seems that the developer gave you permission to cross & maintain this strip.
Permission can be withdrawn.
If it was used with permission adverse possession claim would fail.

Presumably the builders won't be parked there for any longer than it takes to build the new property, and only during working hours, so not a complete
shut out?

[townonenil]

Thanks for all the advice everyone, I really do appreciate it. It turns out in the contract for the house it does state that we have 'access and right of way by foot or by vehicle'. I'm hoping this spins things in our favour?

[des8]

Well if you have right of access it should not be blocked. Is it recorded in your land registry file? (https://www.gov.uk/search-property-i...-land-registry)

Write (signed for) to the developer confirming you have this right of access.
Tell him that if he or his builders block it you will apply for a court injunction ordering them to cease such activities, and at the same time request a costs order.

Easier perhaps to come to an arrangement with him tho' to keep your access free at the times you are most likely to use it

[townonenil]

Good morning DES8. I've checked the land registry this morning but neither the plan nor the register make mention of right of way or access. As it is written in the contract if/when the developer sells the plot would this still apply?

[des8]

As it was in your contract, your conveyancer should have registered it with Land registry where an entry would have been made in the A section of your new Title Register and in the C section of the vendor's existing Title Register.

An express easement is granted by deed , which is enforceable for 12 years
A contract is enforceable for 6 years.


Whether or not you can now have the easement registered is debatable and you should obtain professional advice.
At the same time check if you would have a claim against your conveyancer for negligence


Not very helpful I'm afraid.

[townonenil]

Thanks again DES8. Certainly nothing is mentioned in Section A. Section C 'Charges Register' does state though 'contains restrictive covenants' Note: Copy filed. But no more than that. I think you are dead right, we need to get some professional advice at this point.

[townonenil]

In amongst all the paperwork from the house purchase I have come across the 'Report relating to the agreement to purchase... ' supplied by the conveyancer. In it, it does say '...you will have right of way over an area at the rear of the property either by foot or by vehicle...'. I'm hoping this is what we need.

[des8]

The problem is that the right has not been registered, and seems not to have been made the subject of a deed.
however that might not be an insurmountable problem... I just don't know.
Appreciate it if you could keep this thread updated as it might help others in future

[townonenil]

Gladly keep this updated, hopefully to save anyone else the stress.

[townonenil]

I'm sure it will have no bearing on the issue we are facing but the Title Register for the land, ie not our Title but that of the developer, doesn't make mention of restricing or preventing our access to our property but nor does it say anything about granting access or right of way. I have noticed too that under section B 'Proprietorship Register', the date given for the Title absolute says 2018, and not 2008.