two cottages one ROW

two cottages one ROW

Postby organic » Sun Jul 08, 2007 3:29 pm

i bought one of apair of cottages. my cottage has a right of way accross the back and down the side of next door. my cottage is built up against a bigger cottage the other side so no way that side.the right of way takes up all the land at the back of next door so no where to re route it.my neighbour says he is putting a building up on this land. he says my right of way has ended. he says because both houses were lease hold and now are freehold the right of way finished with the lease. also his lease says subject to a right of way. he says that means because this lease has finished so has my right of way. my origonal deeds and his have been lost and mine dont mention my right of way. you can see by looking at the cottages they are a pair and have been used that way for 100 years. built in coal houses in the back wall, and no windows in the back.also used to be outside loos on his garden for both cottages accessed from mine along the back of his.these were emptied by night soil men who used the path up the side of his house. i have put it to him he might have to take his building down if he builds on my right of way. he says i have not got a right of way anymore. could anyone give me some advice. thanks
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Re: two cottages one ROW

Postby Maverick.uk » Sun Jul 08, 2007 4:45 pm

organic wrote:could anyone give me some advice. thanks


Start by downloading both yours and his Land Registry documents from the LR website for less than a tenner. Read them and report back on the content, specifically if it mentions any ROW.

Cheers

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two cottages one ROW

Postby organic » Sun Jul 08, 2007 8:22 pm

thanks mav no mention of a row in my deeds. in the charges of his is a lease subject to a right of way. that lease ended in jan 06 he says my row ends with this lease.
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Postby organic » Sun Jul 08, 2007 9:10 pm

mav i have posted this subject on the right of way forum now sorry. first timers eh
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Postby hzatph » Sun Jul 08, 2007 11:25 pm

Could you post the exact wording from his charges.

In his shoes, I would want to take advice over things properly as there may be a implied ROW even if not explicitly stated directly.

You probably need expert advise and it would be worth seeing a solicitor with good knowledge of property matters.
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Postby organic » Mon Jul 09, 2007 9:07 pm

thanks for your reply. in his charges it says.the land is subject to a term of four years to the rights mentioned in a deed of assignment dated 23 october 1991 made between 1 assignor and 2 assignee. SUBJECT TO a right of way along the path along the northern and western sides of the property for the benefit of the owners and occupiers of number 3 main street aforesaid note: the assigned lease is now determined.
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Postby hzatph » Mon Jul 09, 2007 11:13 pm

I think your neighbour is mistaken. I am not an expert like Conveyancer so I could be wrong. I think this language means that something was granted for four years starting in 1991. However this was subject to the right of way that benefited No3. Hence if you are No3 your ROW is still there and the lease has nothing to do with it.

Conveyancer may correct me. I believe that the ROW endures.
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Postby Conveyancer » Thu Jul 26, 2007 11:55 pm

To be certain I need to know what happened in what order and exactly what the wording is.
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Postby organic » Sun Aug 05, 2007 9:04 pm

sorry convayancer. i have just seen your reply i have just posted the latest on another post i will stick to that one from now as i am confusing myself.easily done. thanks
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