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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have a garage and garden which is separate from my house,

Customer Question

I have a garage and garden which is separate from my house, and I access these via a courtyard owned by someone else, I have the right of use of a path or passageway from the side of my house and is on HM Land Registry and it say's "I have to to pay proportionate part of the expense of keeping the said passageway in repair and properly cleansed", my question is am I a tenant or license, the reason is that a developer has applied for planning permission and has not sent any planning application forms to me or other neighbors, stating that as we are not in the RED area shown on the plans they do not have to inform us? The rights were granted by a conveyance dated 8th August 1966, we have paid in the passed maintenance costs for the up keep of this passage, my question is are we a tenant or licensee, please help as the local council will not help!
Kind regards
Martin Foad
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. Not 100% clear what you would like to establish/achieve? Are you merely wanting to see the planning application? Kind Regards Al

Customer: replied 1 year ago.
I believe that the planning application sent by land owner/agent that has been submitted to the planning department and then approved by the planning officer and then sent to the full planning committee for approval, the land owner/agent has not fully complied with the correct procedures by not informing all parties that have a legal right of way over this land, as we believe they should inform us with the correct paperwork before it goes before the planning officer/committee, as we believe we could be classed as neither Tenants/ Licensee's as we have to pay for the up keep of this right of way!
Kind regards
Martin
Customer: replied 1 year ago.
The main reason for this is that we think that this application should be rejected as the correct procedure has not been followed by the applicant as the land register we have shows we have legal access across this land and we have to pay the maintenance of this land to our property.
Cheers
Martin
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
No problem
Thanks martin
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Please close this question for now
Kind regards
Martin