The right to pass and repass??? Help!

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Samuelson
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The right to pass and repass??? Help!

Post by Samuelson » Wed Dec 06, 2017 4:38 pm

Hello

Great website!

I'm hoping someone could help me with a query.....I'm in the process of buying a cottage that has a capped well in the garden. My Solicitor has flagged the following from the property register:-

The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Conveyance of the land in this title dated 6/12/1927 made between Mr A (Vendor) and Mrs&Mrs B (Purchaser).

Without typing everything out, it seems to relate to the well in the garden, the right to draw water and its maintenance.

The well was capped many years ago, and the current lady living in the property assured me no one has ever mentioned this right, or tried to walk across the garden.

My question is, can I request this right of access to be revised, or will I just have to accept the fact its there and hope nobody uses it!

Thanks in advance

MacadamB53
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Re: The right to pass and repass??? Help!

Post by MacadamB53 » Wed Dec 06, 2017 5:40 pm

Hi Samuelson,

can I request this right of access to be revised, or will I just have to accept the fact its there and hope nobody uses it

either are an option - you can have the register entry removed or you can leave it and cross your fingers.

however, getting the entry removed will involve an application to HMLR that will need to be accompanied by a deed of extinguishment signed by the owner(s) of the benefiting property/properties - this documents their acknowledgement that the right to draw water has been terminated.

getting their signature(s) might require a financial incentive...

kind regards, Mac

Samuelson
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Re: The right to pass and repass??? Help!

Post by Samuelson » Wed Dec 06, 2017 6:39 pm

Hi Mac

That's great - many thanks for info....something for me to ponder on!

Kind regards
Georgina

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