My land but what's my rights

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ripperoc
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Joined: Thu Mar 15, 2012 11:48 pm
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My land but what's my rights

Post by ripperoc »

Hi
I was hoping you can help me out on a issue i have with some land on the side of my house, we have a end of terrace house with a large bit of land between our houses i wish to extend my driveway so i can fit two cars in. The issue i have is in his deeds i download from the land registry states that he has rights and easement over my land shown here. The question i have is can i still build a fence and extent my driveway and still give him right of way or not?

THE FIRST SCHEDULE

(RIGHTS and EASEMENTS included in the demise)

1. The right in common with the Lessor and others having the like
right
to pass and re-pass for all proper purposes over the
land shown and
coloured Brown on the annexed plan.

2. The free and uninterrupted passage and running of water and
soil gas
and electricity from and to the demised premises
through all sewers
drains watercourses pipes wires and cables which are now or
may
hereafter be in or under any adjoining or adjacent land of the
lessor.

NOTE 1: The land coloured Brown referred to above is tinted yellow
on the filed plan


I have uploaded some pictures for you to see.

His Land
94-web.jpg
And My Land
92-web.jpg
Thanks for the help.
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span
Posts: 1814
Joined: Sat Nov 06, 2010 1:34 am

Re: My land but what's my rights

Post by span »

ripperoc wrote: The question i have is can i still build a fence and extent my driveway and still give him right of way or not?
But he already has a right of way. You can't change that, not even if you "still give him right of way ".

If you park another car, will you block or impede his right of way?

Have you spoken with him? What does he say?

Sounds like a non-runner to me, really.
Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

Re: My land but what's my rights

Post by Sudynim »

ripperoc, your plans are hard to read because of size and they also identify you.

I suggest you delete them - here are edited sections which provide the necessary info :
plan1.gif
plan2.gif
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ripperoc
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Joined: Thu Mar 15, 2012 11:48 pm
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Re: My land but what's my rights

Post by ripperoc »

HI
Thanks Sudynim for the edited sections, really grateful.

When we first moved in we parked our car in the yellow section shown on the map (which is our land). Neighbour made a big deal over it claiming that it is his land and we cannot park there. At that time I was unaware of the boundaries so I took his word for it and moved the car. Now I see that this is our land but he has the right to "pass and re-pass for all proper purposes" over the land shown in yellow. Does that mean he can park his car within the yellow area? Can I put up a small fence about 3ft high, open to the front around my boundaries (shown in red)? He can still have access but only by foot and not by car. Am I in my rights to do that?

Regards
andrew54
Posts: 6994
Joined: Wed Dec 14, 2005 7:25 pm
Location: north yorkshire

Re: My land but what's my rights

Post by andrew54 »

He has no right to park on your land, just a right to pass and repass. Depending just where you put any fence it would probably prevent him exercising his right.
syckend
Posts: 986
Joined: Sat Feb 26, 2005 8:25 am
Location: South Coastal area

Re: My land but what's my rights

Post by syckend »

Any land delineated as a ROW has to be kept clear both by you and your neighbour - so neither of you can park there! Your neighbour has a right to pass and repass but not to park. You may be able to wangle a slight diversion to allow your neighbour to pass but if he doesn't agree on an informal basis - or from ignorance you've had it!
ROWs are a pain to own because you have to keep them clear for other people. Sorry.
I advise as an experienced layman whose dispute via Courts lasted 5+yrs. Try to avoid this route©
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