You property register contains any rights which benefit your land. Your charges register notes burdens over your land. So if your land has an express easement in the form of a right of way over a neighbours land it will be noted in your property register as a benefit ,it will not be in their property register as they own the land you have a right of way over and as they own the land you have a right of way over and are burdened by it , it will be noted in their charges register.desperate drof63 wrote:Hello again, hope you can help?
"No.71" has their RoW-by-Deed listed in the 'C Section' of their Title - The Charges Register.
Do I understand correctly that the Charges Register deals with matters that encumber the property - It deals with interests adversely affecting, and so, burdening the property ?
Why is it that No.71 has a RoW statement in their Charges Register (C-Section) - it simply states that "the Land (the Passageway) tinted blue on their filed plan is subject to Rights of Way" (Rights : plural) when some other localised properties have their RoW shown in their A-Section, The Property Register?
Is this significant ? The Owner of No.71 claims that this indicates his ownership of the Passageway Land - I think not, as the red highlight line on HMLR Plan does not appear to surround the Land that forms the Passageway, but only the building plot of 71 and its rear garden, omitting the Passageway. The Passageway is after all supposed to be shared
This land may have shared use in respect to a ROW but it will be owned by the person who has it in their charges register . If you have a right of way over their land you can only use it to get to and from your property on foot or by vehicles if allowed under the terms of your easement. The actual owner of the land will be able to use their land to a far greater degree providing they do not substantially prevent your use of your right of way.