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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Right of access - Clarification please

Resolved Question:

Attachment: 2014-03-27_145413_registerplanhd4076.pdf


Attachment: 2014-03-27_145453_registerplanhd59481.pdf


 


Hi there, I hope you can help. We own a property (252) which had a portion of the land transferred to someone else (252a) before our ownership, allowing a right of access over what we thought was our drive. I am trying to work out from the title, who is the transferrer and who is the transferee, so that I can decipher the boundary split. Our title states 'A Transfer dated 20 February 1962 made between (1) Albert Cecil Elkin, Winifred Marjorie Elkin and XXXXX XXXXX and (2) Basil Penny contains Vendors personal covenant(s) details of which are set out in the schedule of personal covenants hereto.' it adds The land has the benefit of the following rights reserved by a Transfer of the land edged and numbered HD59481 in green on the filed plan dated 15 August 1969 made between (1) Peter Gwyn Morris and (2) Peter Waverley Hoade:-:- "EXCEPT AND RESERVING unto the Transferor a right of way for the Transferor and his successors in title and all persons lawfully authorised by him and them for all purposes to pass and repass over and along the land coloured yellow on the said plan." Our neighbours title adds the following 'A Transfer of the land in this title dated 15 August 1969 made between (1) Peter Gywn Morris and (2) Peter Waverley Hoade contains restrictive covenants and reserves rights of way' We were advised on purchase that we owned the driveway, but that the neighbour at the rear had a right of access, but my understanding from the drawing in the title is that they own it as their land seems to include the driveway, and a corner of our garage, which is coloured pink. I hope you can help. Kindest Regards Janine

Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Your property has the benefit of the rights granted in the Transfer dated 15/8/69

which was the Transfer, transferring the land that used to belong to your property to the third party, which will be the land edged green on your Title Plan.

Basically, when the land was sold off, the owner of your property reserved a right of way over the land coloured yellow. Hence, wher eit says "EXCEPTING and RESERVING to the Transferor" the Transferor is you/the owner of your property.

I am guessing, therefore, that the area coloured yellow, being the drive, was trnasferred to the third party in 1969, and therefore you have only a right of way over it. This would be confirmed if the land edged green on your Title Plan includes the land coloured yellow, as the land edged green is the extent of land transferred to the third party in 1969.

I hope this assits, but please let me know if you require further clarification.

Kind Regards

AL

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