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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi, I would like the full meaning of the following paragraph,

Resolved Question:

Hi, I would like the full meaning of the following paragraph, with regard to builders using the land for access, for major repairs.
TOO HOLD the same unto and to the use of the purchaser in free simple excepting and always reserving unto the owner or owners occupier or occupiers offXXXXX a right to pass and repass through the door and over and along the courtyard situate at the rear of the premises thereby conveyed.
I live at no 17
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Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

It is an easement, which is a right which is exercisable over land.

It means that the owners of no19 have a right of way through the door and over the courtyard.

If this entry is noted in the land registry title for your property then it is not a right that you can deny to your neighbours. It means that if you preventing access to them then they would be able to apply to court for injunction that access is reinstated unfortuntely.

Kind regards,

Tom
Customer: replied 3 years ago.

Hi, thanks for the answer. I understand the neighbours can use the area,


it's the builders with bulky equipment that is my concern.


I'm hoping"owner occupier" means just that. Can anyone they choose pass and repass?


 


Pat

Expert:  Thomas replied 3 years ago.
Hi Pat,

If the entry itself does not state that the owner/occupier's "workman", "staff", "agents" or "servants" may also use it then my view would be that it does not give the builders a right of access and you would be entitled to refuse access to them.

Tom
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