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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I own the lane to my house which my neighbours have th eright

Customer Question

I own the lane to my house which my neighbours have th eright of access over to their properties. The lane effectively cuts their back garden in half. One of my neighbours is selling the half of his garden detached from his house 'with the rights of access'.

Can he do this?
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Please ask a specific question?
Customer: replied 4 years ago.


What further info do you require please

Expert:  Stuart J replied 4 years ago.

I'm not certain what your question is because you haven't actually asked one.

Do you mean that if he splits the property into two can the extra plot have access over the lane ?

If that is the question, I need the exact wording of the right of way, in your deeds

Customer: replied 4 years ago.


thats pretty much the question. My deeds don't metion any one elses right of way. However the previous owner informed me that my neighbours have the rights of access on foot and she allowed them verbally to pass in their vehicles. there is a sign at th eend of the lane stating this. My neighbour informs me he has it in his deeds that he can pass by foot and in his car. I thought thefact that i owned the land would be 'a ransom strip' and that he wouldn't be allowed to sell his land with any rights. Can you clarify. I can dig out my deeds tomorrow if that'll help. thanks

Expert:  Stuart J replied 4 years ago.

It would help if you could please.

However I think it highly likely that the easement is for the benefit of the land rather than for the owners of the property .. A lot depends on the construction of the easement, but if it is for the benefit of the land , then it is for the benefit of the whole of the land and not just half of it.

If it was only for half of it, would mean that the other half would become landlocked.

That is the situation in 99.9% of the cases, , that if they chop the land in 2, each piece gets access.

I will have a better idea when you give me the wording from the deeds

Customer: replied 4 years ago.


thanks for that. and your timely response. I'm probably gonna sit it out and see what happens but thank you again


 


Rod

Expert:  Stuart J replied 4 years ago.
Thank you.Please don't forget to
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Customer: replied 4 years ago.


Hi, it transpires that the person i bought the house from failed to notify me that there had been issues between her and the neighbour about rights of access.


The info she supplied on the Property Info Form lead me to believe that the neighbours had pedestrian rights of access only and that she granted them vehicular access which could be withdrawn at any time. as a result of this i didn't check my neighbours deeds.


Had i known i would have raised the issue further.


Do i have any comeback against the lady I bought the house from as this access issue may cause me some issues.


 


Thanks

Expert:  Stuart J replied 4 years ago.

Assuming that you brought the property in the last 6 years, you can sue her for misrepresentation.

What you get out of it would depend on what it costs you to remedy this in terms of legals and loss of amenity.

BUT the solicitor should have checked the deeds and told you exactly what rights everyone had. I would be raising this with the solicitor initially regarding the deed

Customer: replied 4 years ago.


Will do thanks, and finally (hopefully) as i have said, i own the access lane let say that my neighbour does have the access rights. can he cross it to supply utilities to the land as well. I suppose without seeing his deeds its difficult but i was just wondering what te hoptions were for peace of mind.


I am going to see my solicitor tomorrow.

Expert:  Stuart J replied 4 years ago.
Unless the deeds say that he is allowed to dig it up to lay services, then he is right is limited, to walking or driving on the surface.