CHANGE OF ACCESS ROUTE OVER MY PROPERTY

CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Mon May 29, 2017 10:40 am

I hope somebody will be able to give me a “steer” on a right – of –way issue I have. My deeds, lodged with the Land Registry, have the following entry at C (Charges Registry);

The land is subject to the following rights reserved by a
Conveyance of the land in this title and other land dated 14 April 1977
made between [NAMES]

SUBJECT to all existing rights easements and quasi-easements at
present subsisting and enjoyed by or over the property hereby conveyed
and RESERVING a right of way at all times and for all purposes with or
without vehicles over the piece of land coloured blue on the said
plan annexed hereto for the benefit of the adjoining property on the
eastern side of the property hereby conveyed AND ALSO RESERVING a right
of way on foot only over the piece of land coloured red on the said
plan for the benefit of the adjoining property known as number 1 North
Place Trumpton aforesaid.
(I’ve changed the address!)

The plan marks out the land over which I am required to allow my neighbour to drive her car to get to her house
The issue is that I wish to change the route over which she accesses her house – to be clear this will not disadvantage her in any way, it is still a full route over my property, it will just not fall entirely within the coloured areas on the map

My question is how does one go about making a change to the Land Registry entry so that I have to provide access, but not over the specified route?
ONG
 
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby despair » Mon May 29, 2017 11:34 am

any change of ROW must be mutually agreable and in writing and you will need to bear the costs of altering the deeds and registration at Land registry
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby mr sheen » Mon May 29, 2017 11:46 am

The neighbour has to agree to the change. Even though she may not be disadvantaged she may not want the route changed. If she does agree, it is usual for the person wishing to execute the change to pay for legal costs on both sides so that the LR entries of both can be modified properly....which would be you.
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Mon May 29, 2017 1:46 pm

Thank - you for your replies.

The original stipulation codified in the Land Registry document was placed there by the owner of the land when it was sold. There was no involvement of the owner of the adjacent property as far as I can tell

Just for clarification, I only need to seek the agreement of my neighbour, not the persons (assuming they are still alive) who had that clause put in the LR document?
ONG
 
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby arborlad » Mon May 29, 2017 2:20 pm

If either property has a mortgage, the lender may have to be involved.
arborlad

smile...it confuses people
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Mon May 29, 2017 2:56 pm

The mortgage thing isn't an issue for me, but may be for her, thanks for that
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Wed May 31, 2017 7:48 am

I have had a word with my neighbour, and she has no problem in principle with changing the route.

I'd appreciate advice on what practical steps I have to take to make the change. Is there a form to complete?
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby pilman » Wed May 31, 2017 10:24 am

This is not a matter for Land Registry until you have a deed of release and grant executed.

That has to be a deed signed and witnessed by each party, including the mortgage company that has a charge on the neighbour's property, if there is one.

That deed will show that there is an agreement to extinguish the original route of the right of way, which will need to be identified and coloured on the plan attached to the deed, and to grant a right of way over the alternative route identified using a different colour on the plan.

Normally this sort of deed is drafted by a solicitor and all costs are paid by the person who wants to change the route. That can even include paying the costs of a legal representative for the neighbour if she wants one to act for her and there may also be a solicitor acting for the mortgage company which would have to be a signatory to the deed.

I have recently been assisting some friends who had copies of deeds of release and grant dated from the 1980's and wanted to know what each meant for their own property.

I could possibly assist you in drafting a deed if that will help move things forward for you.

You can use the Private Message facility if you want to contact me off-site.

After the deed is executed by all parties, that is when you will need to make an application to Land Registry to have the deed recorded on each of the registers of title. There will be a new entry on your register and title plan showing the new route and an entry on the neighbour's register also showing the new route replacing the original route.

It is possible to make an application to Land Registry yourself by downloading and completing the appropriate forms from the Land Registry web-site. It's relatively simple as long as you are familiar with completing forms in English.
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Wed May 31, 2017 2:36 pm

Thank - you for that most enlightening and comprehensive answer.

I was hoping that it would be possible to replace the route laid down in the LR document with a much more general obligation to provide access across my land.

The reason for this is that the route that I plan to take may have to be varied to allow for what the planners will permit (a planning application will be necessary as this is a conservation area) and indeed a portion of my favoured route involves purchasing a small piece of land from another neighbour!

How one would go about this, if there is no way other than defining a new route in a deed, in order to minimise risk and cost is something of a conundrum.
ONG
 
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby pilman » Wed May 31, 2017 7:25 pm

a planning application will be necessary as this is a conservation area
What exactly will require planning permission?
The current GPDO allows this:
Class F – hard surfaces incidental to the enjoyment of a dwellinghouse
Permitted development
F. Development consisting of—
(a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose
incidental to the enjoyment of the dwellinghouse as such; or
(b) the replacement in whole or in part of such a surface.
Development not permitted
F.1 Development is not permitted by Class F if permission to use the dwellinghouse as a
dwellinghouse has been granted only by virtue of Class M, N, P or Q of Part 3 of this Schedule
(changes of use).
Conditions
F.2 Development is permitted by Class F subject to the condition that where—
(a) the hard surface would be situated on land between a wall forming the principal elevation
of the dwellinghouse and a highway, and
(b) the area of ground covered by the hard surface, or the area of hard surface replaced,
would exceed 5 square metres,
either the hard surface is made of porous materials, or provision is made to direct run-off water
from the hard surface to a permeable or porous area or surface within the curtilage of the
dwellinghouse.
No mention of requiring permission in a conservation area in that part of the GPDO.
Part 2 also has no reference to conservation areas.
PART 2
Minor operations
Class A – gates, fences, walls etc

Permitted development
A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or
other means of enclosure.
Development not permitted
A.1 Development is not permitted by Class A if—
(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent
to a highway used by vehicular traffic would, after the carrying out of the development,
exceed—
(i) for a school, 2 metres above ground level, provided that any part of the gate, fence,
wall or means of enclosure which is more than 1 metre above ground level does not
create an obstruction to the view of persons using the highway as to be likely to
cause danger to such persons;
(ii) in any other case, 1 metre above ground level;
(b) the height of any other gate, fence, wall or means of enclosure erected or constructed
would exceed 2 metres above ground level;
(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or
altered would, as a result of the development, exceed its former height or the height
referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed,
whichever is the greater; or
(d) it would involve development within the curtilage of, or to a gate, fence, wall or other
means of enclosure surrounding, a listed building.
Interpretation of Class A
A.2 For the purposes of Class A, “school” includes—
(a) premises which have changed use under Class S or T of Part 3 of this Schedule (changes
of use) to become a state-funded school or registered nursery as defined in paragraph X of
Part 3; and
(b) a building permitted by Class C of Part 4 of this Schedule (temporary buildings and uses)
to be used temporarily as a school, from the date the local planning authority is notified as
provided in paragraph C.2(b) of Part 4.

Class B – means of access to a highway
Permitted development
B. The formation, laying out and construction of a means of access to a highway which is not a
trunk road or a classified road, where that access is required in connection with development
permitted by any Class in this Schedule (other than by Class A of this Part).

Part 8 Class E
Class E – repairs to unadopted streets and private ways
Permitted development
E. The carrying out on land within the boundaries of an unadopted street or private way of
works required for the maintenance or improvement of the street or way.
Interpretation of Class E
E.1 For the purposes of Class E, “unadopted street” means a street not being a highway
maintainable at the public expense within the meaning of the Highways Act 1980(b).
No mention of conservation area.

Perhaps more advice can be offered if one understands what it is you are seeking to achieve.

It is possible to draft an agreement to grant a right of way as long as the neighbour releases the current right of way.
That need not be a deed just an agreement in principle.
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby ONG » Thu Jun 01, 2017 8:46 am

Thanks for your reply

Perhaps more advice can be offered if one understands what it is you are seeking to achieve


The plot to the front of the house is 40 m long by 20 wide approx. The present route to my neighbour's house more or less bisects it and makes a rather large plot of land fairly useless as an amenity to the house. I'd like to push the route towards the edge of the plot away from the house so I can make the house more private and have a garden. A further complication is that the plot is quite steep, presumably the reason why nobody over centuries has ever bothered to build on it. I would therefore have to do some significant recontouring and build some big walls to make a useable garden. The route across the plot does exit onto a classified road.
ONG
 
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Re: CHANGE OF ACCESS ROUTE OVER MY PROPERTY

Postby jdfi » Fri Jun 02, 2017 8:39 am

In that case I would progress all this asap.

If the person is agreeing this without demanding a ransom strip payment then crack on asap, and agree the place of their new access etc forthwith.
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