Right of way issues

[Mjack05]

Has anyone any good advice with regards to an easement my neighbour is convinced (along with their solicitors)they have over my land. Im not so sure.

[Mjack05]

Right of Way..

[paulajayne]

Check your deeds first.

[Mjack05]

Hi...I have just bought this property and they have been reported on by my conveyancing solicitor...theres nothing on the charges register.. however, Ive seen neighbours deeds and it looks like there is a generic clause relating to "easements and rights of way enjoyed before new agreement.

[Mjack05]

this is their sols line....

[Mjack05]

new to this.....can everyone read this letter Ive uploaded???

[paulajayne]

Letter is up side down. Again have you looked at your deeds.

[Mjack05]

Yes...please read previous post...apparently the right of way is stated on the neighbours deeds...as attached.

[paulajayne]

Not neighbours deeds - Your property deeds. What do they say?

[des8]

Hi

In the absence of a more definitive description of what those easements are other than now enjoyed, I think you are entitled to request a description and proof of such easements.

Easements should be recorded by deed and in the case of registered land, should be recorded on the Title Register for each property affected, but this isn't always the case

However your neighbours have presumably been using this access since 1995 (over 20 years) and so could possibly claim easement by prescription, besides the express easement they are currently relying on.

Land disputes aren't the easiest to sort out so it might be worth consulting a specialist

[Mjack05]

"...In the absence of a more definitive description of what those easements are other than now enjoyed, I think you are entitled to request a description and proof of such easements..."

This was my thoughts entirely...from my amateur research,I believe this terminology was used as a generic term as a "lazy" way to advise that " whatever was there before shall be the same now..."

As for a prescriptive easement, the property has been a pub until last year,therefore the "allowance of movement " over the property presumably would have been by way of permission...therefore not subscribing in its entirety to a prescriptive right of way....

Id like to avoid specialised help as 1) very expensive..2) Id like to show the ordinary man cant be bullied .....

[Mjack05]

My property deeds...have no mention of any rights of way on them...however, the letter on previous post are the neighbours deeds..

[Mjack05]

Can anyone advise .

[des8]

As you don't wish to employ a solicitor you can start by requesting a description of the easement they claim and proof of its existence from the other party or their solicitor

[Mjack05]

Hi Des8....

I have and the response is the letter received which Ive posted a few replies ago...have you viewed it?