Easement not on my title

[Midders123]

Hello. I’ve searched everywhere for guidance on this issue so I hope someone has some advice. I have a malicious neighbour who is insisting that he has a right of access across my land. So. The easement is in his title, but not mine. On investigation, I have found that the matching easement is in another title and plan belonging to another neighbour. However, due to possible landscape changes over the years, it looks on the ground as it it is in my garden. As it is not in me deed or plan, but the exact charge is in both the malicious neighbour and another neighbours deeds where do I stand in terms of being able tell him it’s nothing to do with me? Thanks in advance.

[atticus]

You tell him to look closely, explaining the documents and the land to which they relate. It would be most unusual for Land Registry not to record an easement on the title affected if registering it on the title which benefits.

You may wish to instruct a solicitor to study the documents and, if he/she agrees, to write to your neighbour explaining the position and requesting him to withdraw his claims. Do you have legal expenses insurance cover?

[Pezza54]

Hi
Welcome to LB
Easements including rights of way are a complex issue and disputes can be costly.
Rights of way can be obtained by express grant, implied grant or by prescription
Please read the article:
http://www.blbsolicitors.co.uk/blog/...ay-be-removed/
Rights of way across gardens are quite common in smaller terrace house properties.
Have you checked the wording in your deeds?

[atticus]

Have you checked the wording in your deeds?

Well, he does say it is not shown in his title.

[Midders123]

Well, he does say it is not shown in his title.

Hello. Yes. That is correct. I have spent hours researching the different rights of access. I am well versed in them by now - and I am about to instruct a solicitor - the question is more complex in that I have someone insisting they have access when the easement appears in their deed, another neighbours deed - and not mine. However, the actual path / track looks as if it goes through my garden. Thanks for the advice Atticus, it's what I thought - if it isn't on my plan or deed, then he needs to address his action to the neighbour who actually shares the easement in title. Am I correct to assume that the burden of proof lies with him also? A line on a map filed with the LR in 1957 isn't proof of location these days? Thanks again. Really helpful.