Right of way issues

[charitynjw]

See attached link

[Mjack05]

This reinforces my point that the "easement " cannot be prescriptive as a party would not be able to travel over a said track(within the grounds of a pub) without gaining permission( surely this would be reasonably assumed)..therefore with permission being granted and with ownership changing ,permission can be taken away.

[Amethyst]

3 (24.09.2014) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (26.09.1995) The land in this title is with other land subject to a
yearly rent charge of £9.18s.4d. created by a Conveyance dated 2 January
1840 made between (1) Thomas xxxxx(2) Richard xxxxxand (3)
James xxxxx.
"NOTE: Copy filed under LAxxxxxx."
2 (26.09.1995) The Conveyance dated 2 January 1840 referred to above
contains covenants and exceptions and reservations.

can you get that copy from the LR? presumably it refers to the copy of said Conveyance from 1840.

[Mjack05]

heres the original deeds....bit arduous Im afraid

[Amethyst]

Paragraphs hadn't been invented in 1840 xx

[Mjack05]

Haha..plus,I was going to drink a bottle of sherry...I may be able to understand it then. .

[Amethyst]

Dare I ask, have you got the 1981 conveyance? ( did their sols include it with their letter ?)

That 1840 one doesn't have anything useful in I don't think ( could be wrong, but mainly seems to be about the actual streets not access around the various properties )

The garage / airspace thing I'm not sure assists you all that much as they could use inward opening doors/gates - it's the access around thethe side and back of your property to the back of their property they are trying to retain.

[Mjack05]

As you asked so nicely...the 1981 deeds...

I agree,when Ive trawled through them,it mostly refers to streets that must have previously existed(however,the terrain has changed somewhat now..!!

the marking on pages 6,7,8 are markings made by neighbours sols...

of course the excerps from neighbours sols are extracted from these deeds(sorry for telling Grandma about sucking eggs..!!!!)

[Mjack05]

With regards to the inward opening of the garage door, I agree ,they could have inwardly openers, however, that would probably be an expensive option...

As there are now 2 entrances...I would assume that a judge would look favourable on leaving only 1 usable, while the dispute was satisfied...therefore, if I fenced off the newly built monstrosity, it wouldn't be perceived unreasonable?

[des8]

Got a bit tied up earlier today and see things have moved on and become clearer??????

It seems to me that when the brewery sold the house next to the pub the house retained certain unspecified easements.
These could include drainage and access through the pub grounds to the rear of the house.
However as the building at the rear of the house had no doors opening onto the pub's ground, that easement was unlikely to include wheeled vehicles, other than handcarts.
It seems reasonable that there was/is an easement for pedestrian use.only

It is very possible that the erection of a gate across that access, even if left unlocked, could be regarded as a major infringement of the dominant tenements right of free access.

[Mjack05]

Of course, in all honesty, it would make sense that there "should"be an easement, however...theres plenty of terraced properties that only have one way of entering the site..(through the front door..)

And it seems that after many eyes have viewed the legal docs,we are collectively only speculating that an easement exists...

The neighbours have put the gate up along with the garage door...

And I do have a landlady who ran the pub for 2 years around 2003 who states shes never seen the gate or garage..shes adviced she would sign a statutory declaration...

[Amethyst]

There is an easement consisting of a right of way - it isn't specified where or deliniated on the plan but the only right of way can be around the side and rear of the pub to access the rear of their property.

2019-03-27 12_13_47-Start.png

They have the gate there for access which seems to be in the right place. The garage door is a different issue - that was never there to begin with, only the building that it enters into, and that had no entry point from your land so far as we know ( previous landlady's stat declaration should cover that ). SO as Des said you'd be arguing for pedestrian access only ( eg for putting bins out and whatnot ) through the gate and around the track.... no more than that.

If the previous landlady has any old pictures of the rear of the pub showing that wall where the garage door is it would of course be incredibly useful. Or any local history society might have pictures of functions etc held in the garden of the pub which have the wall in? anything like that you can find to show that there was no entrance there to have been included in the 1981 conveyance.

Could also see if the estate agents that sold the pub either to you or back in 2012 ( seen it was reopened for a bit ) have pictures of the rear at all.

[Mjack05]

Good morning...not sure whats more confusing, this or Brexit..!!!

It does stdoes"to be enjoyed as of right ,"..however the terminology of "enjoyed as of right" could suggest a whole host of opportunities...alongside the "said adjoining property shall subsist and enjoyed as of right by company and purchaser..." doesnt specifically link itself to an easement...dependent of which side your looking at it from ,could mean what you want it to me...very ambiguous...

I dont feel im being irrational, I just think that the reasonable man test could go either way...

If this was in a court of law...a man wouldn't be hanged on the testimony...

[charitynjw]

I dont feel im being irrational, I just think that the reasonable man test could go either way..

Good old Reggie, God rest his poor soul!.

If this was in a court of law...a man wouldn't be hanged on the testimony...

Worse things happen at sea?

See link, post #28

https://legalbeagles.info/forums/for...iability/page2

[charitynjw]

Ding Ding!