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Nicola-mod
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Category: Property Law
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Hello, this question is about changing property deeds. We

Customer Question

Hello, this question is about changing property deeds. We own a small single track which runs along our property and my neighbours property, which leads to a farmers field, the farmer can access this field via other routes. Our deeds state that we must give access for farm vehicles. Can this be changed?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

 

I am afraid that as your Property Deeds grants a right of way (in the case to the farmers land) you are not entitled to change or alter this unless the farmer (and anyone else who has the benefit of the right of way,consents.

If they do, a formal Deed of Release document would have to be drawn up and signed by all parties, and this is then registered at the Land Registry.

 

Just because the farmer has other means of accessing his field does not give you the right to alter the right of way he has over your track.

 

I am sorry this is not the answer you were looking for, but it sets out the legal position.

 

I hope I have assisted.

 

Kind Regards

AL

 

Customer: replied 3 years ago.

thanks for reply... reason for wanting change to deed is, that both myself and neighbour have oil tanks for fuel, earlier this year my neighbour lost approx £600.00 of fuel,( drained/stolen)... so we decided to put up a cattle style gate at entrance to track, we consulted the farmer to let him know that we were doing this mainly for security reasons etc etc, to which he had no problem with, gave him sets of keys to gate, for his workers and game keeper etc , so as not to deny access, requesting that should the gate be locked on arrival to track, to lock it on their departure, as it meant that we were probably not home, this has not been happening,...many times the gate is left open. after repeated conversations... they are not securing gate.... we are not stopping access, but want to secure our property and basically, stop anyone from 'nicking' our oil..... which is why I wondered whether we have a case for change of deeds, does this help our cause for change?

Expert:  Aston Lawyer replied 3 years ago.

 

Hi Sandra,

 

Thanks for your reply.

 

I'm afraid this reason does not give you any further rights to change the right of way that the farmer has. You are not breaching his right of way by putting up a gate and giving him a key, but however daft it sounds, if he and his employees are careless when it comes to locking the gate, this doesn't give you the right to change the right of way.

 

I think you will need to try and keep your tank secure by some other means, although I'm afraid I don't have any magical solution.

 

Sorry!

 

Good Luck

AL

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola