Right of way on my register but not on the other register

Right of way on my register but not on the other register

Postby Dentho » Wed Apr 19, 2017 5:13 pm

Hi
I hope someone on here can help me. I have a registered right of way, by foot, for all successors of my property across some land that when the conveyance was done(1972) was owned by a chalet park. At that time the bungalows were owned privately but the owner still owned the freehold of the land. My right of way runs across 2 gardens as such though they weren't fenced off. Recently the chalet owner has been selling the freehold of the land. One of the bungalow owners bought some of the land that my right of way runs over a couple of years ago and it has changed hands about 3 times since. To cut a long story short, it has been fenced off..all access is blocked and I am trying to sort it out. The present owners are adamant that there is no right of way.
I contacted land registry as after downloading the register of the land affected it did not show any right of way. Land registry looked back on the history of the land and found that the same 1972 conveyance was mentioned on the original land that this persons garden was transferred from..but obviously not on the newly registered land!.
It has now been referred to customer support at land registry for them to look into..though this could take a while.
Could anyone tell me if..for instance the chalet park owner did not disclose the right of way in the transfer ...if my right of way is still valid?
Dentho
 
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Re: Right of way on my register but not on the other registe

Postby despair » Wed Apr 19, 2017 5:38 pm

A ROW can only be extinguished by express legal permission of all parties and the payment of compensation plus the legal costs of altering all the relevant deeds
sounds like you have a big legal case
trust you have
legal expenses cover on your mortgage / insurances/credit cards / union membership
check and double check
despair
 
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Re: Right of way on my register but not on the other registe

Postby Dentho » Wed Apr 19, 2017 5:44 pm

Hi
Thank you for your reply...I have no legal cover on my house insurance not sure about credit card..will have to check on that.
Can you clarify...do you mean that the right of way would still be valid but the legal battle would be with the neighbour who has blocked off my right of way?
Dentho
 
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Re: Right of way on my register but not on the other registe

Postby MacadamB53 » Wed Apr 19, 2017 6:15 pm

Hi Dentho,

the right of way exists until it is either extinguished by deed or as determined in court based on evidence.
so your ROW still exists.
your neighbour and his predecessors may have a case against the original vendor if he did not disclose the ROW, but that is their business and does not affect the fact you own a ROW over the land.

Kind regards, Mac
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Re: Right of way on my register but not on the other registe

Postby Dentho » Wed Apr 19, 2017 6:19 pm

Many thanks
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Re: Right of way on my register but not on the other registe

Postby despair » Thu Apr 20, 2017 9:08 am

Good house insurance includes legal cover
or you could have added it for £25
its crazy in this day and age not to ensure your covered for actions if the idiots in this world
it can also cover you when taking someone to court over injuries sustained by someones actions
despair
 
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Re: Right of way on my register but not on the other registe

Postby Dentho » Thu Apr 20, 2017 10:03 am

Yes...false economy I know...had it for years then for the last 3 after changing insurance companies didn't..
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Re: Right of way on my register but not on the other registe

Postby pilman » Thu Apr 20, 2017 1:43 pm

The present owners are adamant that there is no right of way.
It may be sensible to copy the conveyance dated 1972 and write to the owner of the servient land enclosing a copy of the 1972 deed.

You can point out that the granted right of way is a Legal Interest over his land that you own, which was an over-riding legal interest when he acquired ownership of the land.

When you bought your property the law considered that you bought the Legal Estate of the physical property, which included the land and all building erected on that land, and you bought a Legal Interest over the retained land owned by the seller in 1972. The right of way was the easement that the law recognised as a Legal Interest over land which was conveyed to you along with the Legal Estate.

The Law of Property Act 1925 is still the relevant statute in 2017, so you need to make the new owner of the servient land aware that he has no right to stop your access over the route that ought to have been identified on the 1972 conveyance plan.
This is what section 1 of the LPA 1925 stated, with some explanatory words I have added in bold:
1 Legal estates and equitable interests.

(1)The only estates in land which are capable of subsisting or of being conveyed or created at law are—

(a)An estate in fee simple absolute in possession; "normally referred to as the Freehold"

(b)A term of years absolute. "normally referred to as the Leasehold"

(2)The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—

(a)An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years absolute; "The Legal Interest that was conveyed with either a Freehold or Leasehold title"


Despite the fact that Land Registry had failed to record on the neighbour's register title that the land was burdened by a right of way, that was the over-riding legal interest that had existed since 1972 and cannot be removed or obstructed without a legal deed of extinguishment being executed by each party.

You need to make the neighbour aware of those facts, as he is in the wrong and you are in the right to demand free access over a legally granted right of way.
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Re: Right of way on my register but not on the other registe

Postby Dentho » Thu Apr 20, 2017 2:14 pm

Thank you very much Pilman for your advice ...that is extremely helpful.
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Re: Right of way on my register but not on the other registe

Postby Dentho » Thu Apr 20, 2017 2:15 pm

I will let you all know in due course how I get on
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Re: Right of way on my register but not on the other registe

Postby despair » Thu Apr 20, 2017 7:07 pm

did you buy the property when the old insurance policies were in force because you can still claim on the previous policy
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Re: Right of way on my register but not on the other registe

Postby Dentho » Fri Apr 21, 2017 5:19 pm

It was way back in 2002 when I bought the house
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Re: Right of way on my register but not on the other registe

Postby akwe-xavante » Tue Apr 25, 2017 3:10 pm

I'd stop and just think things over or even seek professional advice first.

If you formally rattle your neighbours cage about the ROW then purchase an insurance policy afterwards to cover any possible costs you knew beforehand that you were going to make a claim on the policy. The insurance company rightfully will refuse to pay up.

I'd think about buying an insurance policy or indemnifying your rights to your ROW before you rattle anybody's cage. Buy a policy and keep a low profile, don't get involved or rub them up the wrong way for say 6 months then set too and claim expenses on your insurance policy. I did this and I'm very very very pleased I did because the process would of cost me a serious amount of money if I hadn't. I indemnified my rights to two ROW's on the advice of a solicitor, waited six months then kicked the hornets nest kinda thing.

However it does look as though Land Registry have messed up, I suspect they'll put it right at there own expense on your behalf, your neighbour won't be very happy. I would still seriously consider indemnifying your ROW though.

I would suspect that even though land registry will rectify the issue and make your neighbour aware of the problem, they'll have to, I suspect that your neighbour may challenge the issue. They may formally and eventually accept you have a ROW but will probably do whatever they can to make it difficult for you to exercise the use of your ROW "Human Nature" will always get in the way, sour grapes.

Land Registry may put there mistake right at there own expense but I suspect that you'll probably have to fight on at your own expense afterwards. Your neighbours may then get letters to open up fences etc to allow you through but in reality promise and then delay and further delay doing so in the hope you give in.

I would ask about indemnifying your rights, it's a one off (Single/one Payment) insurance policy that can be passed on successors in title forever.

It looks as though your neighbours genuinely believe that no such ROW exists unfortunately.
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