Right of way issues

[Mjack05]

22nd march..19.27

[Mjack05]

I have also managed to track down a previous landlady (2003 jan-2004 dec) who categorically states she has no recollection of the gate,also the (newly build) garage door that has appeared at the side where the gate is..and is prepared to sign a statutory declaration stating this.

[Mjack05]

This is the letter neighbours sols have sent to me.

[Phaeton]

Have you looked on Google Maps, both streetmaps & satellite to see if the door/gate exist on those, sometimes these are a few years out of date which could be helpful in your instance.

[Mjack05]

Also,this is the newly installed garage door which opens into my land....which Im sure,I could also claim trespass as it moves over my "airspace " each time it opens..

[Mjack05]

I have looked on Google maps...and unfortunately the map has been updated a few years ago whilst the ex pub was vacant and in fact in a state where the neighbours thought they could steal a move by installing a garage door whilst no one could stop them...

[des8]

I did look at the letter, but for some reason can't access it now.

From memory all it refers to are those rights and easements already existing and now enjoyed.
That tells you nothing.
An easement should say what rights the dominant tenement has e'g' Pass freely along the track between the two houses"

Was your property at one time in the same ownership as your neighbours?
If it was it is quite likely that when one was sold off the other retained rights of access etc, hence the wording in their deeds.

Also note that if there is a question about the existence of an easement the law favours its existence:
Law of Property Act 1925

"62.(1) A conveyance of land shall be deemed to include and shall ... operate to convey, with the land, all ... liberties, privileges, easements, rights, and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof, or, at the time of the conveyance ... enjoyed with or reputed or known as ... appurtenant to the land or any part thereof. "

As mentioned earlier land law is complicated and if you intend to contest their claim you really should obtain professional advice.

If you are gating a track (can't remember exactly what your intentions are) you might be able to do so as long as you don't prevent your neighbour's access
E.G. give them a key to the padlock.
Try talking to your neighbour to resolve the difference, after all they will be your neighbours for sometime to come.
If they have always had this access they are bound to be a bit defensive if you are going to remove it, especially if it impinges on their way of life.

[Amethyst]

Have you bought the old pub ?

I did look at the letter, but for some reason can't access it now.

Here Des xxx

2019-03-25 14_04_43-Start.png

2019-03-25 14_04_55-Start.png

[Mjack05]

Hi Amythest

Yes..I have bought the pub and want to change it (from an ex marijuana factory-to nice self contained flats,hence the reason why I dont really want just anyone walking around the property at any time) and my conveyance solicitor viewed my deeds and quite rightly reported that there was no RoW or easement.

Now I understand that the term"any previous easement etc shall be enjoyed etc etc"---however,as the deeds dont specify an easement or RoW,how can it be assumed that one existed? Once,the property was registered with this new owner(circa 1981) no RoW was drawn on the deeds plan or expressed on the paperwork..

Therefore,arent they(solicitors)just trying to bully me into saying that because this deeds states the previous easements shall be enjoyed..they are hoping that I scare into submission...

[Amethyst]

okay. Is this the entrance to the track ?


2019-03-25 14_46_17-Start.png
Their only access to the back of their property does seem to be down the side and round the back of the old pub. That was probably fine when it was apub and most of the 'track' was pub car park / garden /delivery etc. It should have come up in conveyancing before you bought the pub. Was the fence across the entrance to the track there when you purchased? ( assuming I've found right place - google maps shows a metal 24/7 security fence across the gap ) and the 'track' behind it doesn't look regularly used at all.

As per

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

You need your deeds/conveyance - can't rely on what neighbours solicitors tell you the neighbours deeds say - strange thing to have in a deed for the house next to a pub... says as soon as the company currently owning it sell it, it can't be a pub anymore/again ?


p.s. if that is the right place then your next door neighbours objected to the neighbour on their other side creating disabled access to the rear of their property...check the planning site, but their objection letter isn't on there, only the planning committee's response.... however helps to know they have form.

[Mjack05]

Yes..you are correct,the area to the left as you are looking at the front door was an area used for parking,beer garden and dray wagons.....the track isnt distinguishable as its hard to see-its just a path of 1 stone flag deep which forms around the rear pub wall...

I have my deeds-shall I post them on here..

I believe the property may have been a shop when it was bought-therefore that may explain the covenant not to sell liquors etc.
The metal gate has only been on 12 months...I put it there......the property has been in complete disrepair for the last 5 years as I said earlier it was housing an illegal drug factory.....

Its clear that the neighbour built the "garage door"entrance when it seemed no one was in ownership .......so,as there are 2 means of entrance/exit..ie,gate and garage door...Im assuming I would be in the right to fence off the garage door element...

Its pretty clear that to build the garage door..the existing fence has been removed....even if we ending up in litigation with regards to RoW...surely my argument would be the neighbour doesn't have complete carte blanche to act as he feels and build entrances where he likes...

This mean then I can focus on the gate...

[Mjack05]

my title deed-showing nothing of any consequence on the charges register



A: Property Register
This register describes the land and estate comprised in the title.
xxxxxxxx WITH xxxxxxx
1 (26.09.1995) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being xxxxxxxxxx
Darwen, Darwen (xxxxx).
2 (26.09.1995) The mines and minerals together with ancillary powers of
working are excepted.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains
any entries that affect the right of disposal.
Title absolute
1 (24.09.2014) PROPRIETOR: xxxxxx RESIDENTIAL LIMITED (Co. Regn. No.
xxxxxx) of xxxxxxx 6LN.
2 (24.09.2014) The price stated to have been paid on 26 August 2014 was
£171,000.
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.

[Mjack05]

Ive just emailed this to neighbours sols......any thoughts?


RE : Site xxxxx

Further to your recent documentation dated 21st March 2019,in which you have stated that "it is clear from the Conveyance that our clients have a right of way and access over the Track..." I am requesting a description and proof of such easements, in the absence of a more definitive description of what those easements are other than "now enjoyed."

I would like also like to reasonably request dates in which your client built the garage door entrance/exit, which sits on the boundary of the said site and my land ,also the date when the additional gate entrance/exit was constructed circa 4 feet away from the garage door,on the same boundary line of both properties.

Im assuming that as Mr and Mrs xxxx legal representative, you have read all previous communication between myself and Mrs xxxxx, also myself and Miss xxx. I would like to draw your attention to the comments made by you in the same correspondence dated 21st March 2019 where you have made clear written judgement that I "have recently made threats to our clients..." I refute this statement vigorously , adding that previous communications have been reasonable and courteous to your clients in their entirety. Your efforts to discredit me have been duly noted.

Further to your letter of the same, I have left numerous telephone messages on your direct line to request and electronic copy of your letter dated 21stMarch 2019 without any response-I would like to formally now request an electronic copy of the said correspondence to be sent to xxxxxx

I reserve the right to draw the contents of this letter to the attention of the Court on the question of costs and more importantly conduct.

I await your response in short course.

Yours faithfully

xxxx

[des8]

Haven't got Word, so can't open it so no comments!

[Amethyst]

I'll paste Des xxx edit: Done pasted in original posts.