ROW/Easement allowed or not? Please help!

Re: ROW/Easement allowed or not? Please help!

Postby jdfi » Wed Jun 07, 2017 9:41 pm

MacadamB53 wrote:Hi poozyf,

if there is not a public ROW over the land, then no problem installing gates?

no problem installing them, but this in itself may well trigger a complaint from members of the public to the local HA about the obstruction of what was assumed to be a PROW, which will then trigger an investigation as to whether an as-yet-unrecorded PROW subsists and needs adding to the Definitive Map & Statement.

Plus the HA will doubtless play cautious. Have you spoken with them yet?
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Re: ROW/Easement allowed or not? Please help!

Postby pilman » Sun Jun 11, 2017 9:30 pm

(26.04.2006) The land has the benefit of the rights reserved by a Transfer of the land edged and numbered A********** in green on the title plan dated 16 December 2005 made between (1) ********* (2) **********.
Our Title (freehold title):
(26.04.2006) The land is subject to the rights reserved by a Transfer
of the land in this title dated 16 December 2005 made between (1) ******* and (2) *********.

(26.04.2006) The Transfer dated 16 December 2005 referred to in the Charges Register contains a provision as to light or air and a provision excluding the operation of Section 62 of the Law of Property Act 1925 as therein mentioned.
The first property original comprised a larger area of land and sold off part of it in 2005. That transfer reserved rights over the part being sold off.
On the title plan for the first property there is a green area identifying the extent of land sold off and it will have a title number shown in green inside that area.

I presume that the property sold off is the second property, which will be registered under the new title number recorded in green on the original property's title plan.

The second property is subject to all those reserved rights specifically set out in the 2005 transfer.

As already posted, the land sold off does not benefit from the general wording used in Section 62 of the LPA 1925, so only easements referred to in the 2005 transfer will apply.

When land is sold off from a larger area of land it is common that the part sold off will not receive a right to light and air that will prevent the land-owner of the retained land from building on that land.
e.g. It would allow that owner to build right up to the boundary even if that cast a huge shadow over the land that was sold off.

In other words, the buyer needed to understand that he bought this land subject to the rights and easements reserved over it by the seller and the buyer could not in the future stop the seller from developing the retained land by claiming that a new building on that land prevented light or air from reaching the part sold off.

It is absolutely necessary to have a copy of the 2005 deed to see what were the rights reserved over the land sold off.

It is probably 100% certain that a right of way was reserved over the land sold off if that right of way would be of benefit to the part retained.

A right of way would normally be a right to pass and repass at all times with or without vehicles for all purposes connected with the use of the retained land.

Unless specifically mentioned in the transfer deed, parking on the road that was part of the land sold off is not lawful.

How one can prevent that when allowing vehicles to pass and repass over the road is quite problematical and can be resolved by injunctive relief if a civil court claim was proceeded with and was successful.

I have no idea whether clamping unauthorised parked vehicles is still something that can lawfully be carried out on private property, but I assume that would soon prevent unauthorised parking.

Persuading the Housing Association to employ a private company who undertake such work may be appropriate, if there would be a financial gain to the HA by sharing any fees required to release a clamped vehicle.
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Re: ROW/Easement allowed or not? Please help!

Postby ukmicky » Mon Jun 12, 2017 3:32 am

Clamping is now illegal.

Even locking someone in behind gates is illegal unless a notice is placed notifying the public.
Advice given is not legally qualified and you are advised to gain a professional opinion
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