origional deed of right of way

origional deed of right of way

Postby curlybaldman » Sat Sep 17, 2011 5:33 pm

Hi, now in 1969 in a conveyance of fee simple our property gained 2 strips of land. One of the strips was used for access buy the vendor in the conveyance. He thus reserved a right of way over the strip.
The vendor died 6 months later then his wife a few months after that and the wife's sister inherited. In 1971 the property was sold and in the conveyance a right of way was granted over the access way already reserved in my 1969 conveyance.( My guess is the origional deed was mislaid but now it is registered with my title)

Would I be right in my thinking that no one but the owner of the land with the right of way on it can amend (alter in anyway) the terms of the right of way. In fact not even the owner without the consent of the dominant tenement.

The current owner argues that the 1969 deed was superseded as an executor in the 1971 conveyance was related to the land owner of the right of way.
tell me if I am wrong, or is my neighbours playing silly buggers.
curlybaldman
 
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