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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I live in a mid terrace and need to register my access across

Resolved Question:

I live in a mid terrace and need to register my access across my next door neighbour's garden - as moving a few metres around my new extension. I get on really well and they have no problem with the new route. However I assume I ought to register it officially for future ownership. How do I do this as cheaply as possible?!
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You both will need to enter into a "Deed of Release and Grant", which will terminate the legal right of the current right of way and grant a new right of way over the new accessway.

Unfortunately, this isn't going to be a cheap process as you both will need to instruct a Solicitor. As you are the party who requires the change, your Solicitor will prepare the Deed and your neighbour's Solicitor will be there to advise your neighbour and check the Deed is approved.

The Deed is then signed by both parties. If either or both of you have a Mortgage, then your Mortgage Lender will also need to sign the Deed.
The Deed, to become binding forever, will then need to be registered at the Land Registry.

Your Solicitor is likely to charge approx. £600-£750 plus VAT and your neighbours Solicitor slightly less. The Mortgage Lenders, if applicable, will normally charge an admin fee of up to £150.
The Land Registry fee will be £40. You would also have to prepare a scaled Plan showing the route of the new access.

I am afraid it is therefore an expensive operation, but is the only way to make things legal between the 2 properties. If you were to just write up your own letter, for example, which your neighbour signed to consent to the alteration then this would not be binding in the long run and would cause problems when either of you came to sell.

Sorry I can't give you a cheap alternative, but long term, it would be best to do it right, rather than have mega problems when you come to sell and indeed any Buyer's Solicitor would insist that a Deed be prepared at that time.

I hope I have assisted, and answered your question.

Kind Regards
AL
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