How can Two 'owners' grant two different parties access

How can Two 'owners' grant two different parties access

Postby ulu1kim » Wed Sep 06, 2017 12:45 pm

I don't understand how this can be, on the same day I bought my house 28th November 2003 house and was granted easements by deed over adjoining land 'The Barn' by the sellers G & D

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On the 28th of November owner of the barn Walter gave the same rights over the same land to J&V
So as it reads two different owners of one property gave rights of access to two different neighbours on the same day.
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Re: How can Two 'owners' grant two different parties access

Postby mr sheen » Wed Sep 06, 2017 4:31 pm

The owner of land can grant rights to however many people he or she wants on one day or every day of the year.
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Re: How can Two 'owners' grant two different parties access

Postby ulu1kim » Wed Sep 06, 2017 8:57 pm

In this instance there are two 'different ' owners. My deeds state access across to parcels of land granted by D &G.
On the same day Walter declared as owner of the barn ( same D & G) declare they are owners. As it transpired Walter did purchase 'the barn'. I don't understand how seller and buyer could be 'owners of the barn on the same day' ? Yeah ok a day after but on the same day?
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Re: How can Two 'owners' grant two different parties access

Postby ulu1kim » Wed Sep 06, 2017 9:05 pm

I think I understand, there is no reason why the G & C D who I bought the property I own off went and finalised signed the sale to me having granted me access over land they were selling, then later to again sign and finalize the sale of the other property they were selling. Maybe that part of the agreement of the sale was that the new owners agreed rights of access for the sellers family as part of the sale.
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Re: How can Two 'owners' grant two different parties access

Postby Collaborate » Fri Sep 08, 2017 11:47 am

Whether or not the other deed was executed by the then owner of the land is of no concern to you. You only need to satisfy yourself that the grantors of the rights to your land actually owned the land at the time.

If the others are trespassers when exercising what they think is their ROW over the land there is nothing you can do about it. It is for the landowner to decide whether they want to take action to stop it happening.
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Re: How can Two 'owners' grant two different parties access

Postby ulu1kim » Sat Sep 09, 2017 9:37 pm

Pilman I would be grateful for your thoughts on this if you would.
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Re: How can Two 'owners' grant two different parties access

Postby ulu1kim » Sun Sep 10, 2017 9:46 pm

Postby Collaborate » Fri Sep 08, 2017 11:47 am

Whether or not the other deed was executed by the then owner of the land is of no concern to you.
Collaborate, it is of great concern to me.Two different people declared themselves owners on that same day, I was granted access by one couple the other neighbours were granted access by the other couple 'easement by deed' I don't know if my granted access is lawful or not,was the person who granted me access entitled to do so? The property and ground was not registered with land registry at that time so I don't know which 'owner' had the right to grant access.How do I find out ? The access road in question is an old Tithe road.
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Re: How can Two 'owners' grant two different parties access

Postby pilman » Sun Sep 10, 2017 10:26 pm

The first document copied appears to be a deed of transfer on a form TR1 which is normally used for a transfer of registered land.

When Land Registry were provided with that deed it would have been necessary for the Grantor to be shown to be the Transferor named on that deed.

That would then satisfy the legal requirement that it was the person selling the land that was granting the easements mentioned. Other deeds would be provided as the root of title, showing that this named Transferor was the legal owner of the land being transferred.

How or why the other deed was executed by and to another party is not at all clear, although it seems that there was an existing route shown coloured green on your transfer deed and a proposed route coloured purple and blue.

Only this proposed route coloured purple and blue was being granted as a right of way to the other party after such a route was "to be constructed."

As for the query about both deeds having the same date, it is quite possible to sell two parcels of land on the same date so that the new owners of one plot grant a right of way by deed immediately they become owner.

It would normally mean that the solicitors acting for all parties were aware of those circumstances and all the deeds were dated on the day of completion for a chain of transactions.
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Re: How can Two 'owners' grant two different parties access

Postby ulu1kim » Tue Sep 12, 2017 6:06 pm

Much appreciated for the clarification Pilman thank you. By the way I got arrested three nights in a row for preparing to remove vehicles to tow, I had served notice informing them I would charge £100 per vehicle my intention to do no more than tow the vehicles to the other side of the drive, I did remove the fence and post rail they placed on the other side of 'the hedge' declared as 'her' boundary hedge no matter the roots were on my ground, prior to these actions I did employ a surveyor to measure out that particular boundary, no matter I'd sent my deeds plans explanation to the local police force solicitors inclusive in advance of my plans deed s and a letter from her solicitor confirming the rights of easement she had granted me ( I did serve notice three times) that they placed further obstruction ie the post and rail fence plus barbed wire, no matter who's hedge it was it was an obstruction to my given easement,three nights in a row i was arrested, why did it I do it during night fall? Because i could remove more of the obstructions before the police came an either threatened me with arrest or arrested me. Sixt charges of criminal damage bailed out of the county for three months, was ever so lucky my case was not put before two magistrates and one judge. My case was put before a circuit judge in a side room, Judge asked why 12 police officers had been asked to attend court as i did not deny any on the charges, the Judge asked for the PC'S to enter the courtroom he apologized that they had been called and made the comment 'a disgraceful waste of time and resources ( couldn't agree more) other witnesses called who had taken a day off work he also apologised to explaining Miss Williams ( me ) had contested none of the claims made against her ( I didn't ) and apologised for their having to take a day off work. It was an absolute treat and an honour to be directed by a gentleman with such grace and manners not to mention intelligence, to be mentioned also was the clark who directed matters to the right person.Job bloody well done
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