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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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I have got planning permission to develop a barn to residential

Customer Question

I have got planning permission to develop a barn to residential use. The property is in a group of houses which was once a farm at the end of a track that is owned by our two neighbours,over which land registry deeds state that we have access at all times for all purposes. Our neighbour claims that we don't have the right to develop the barn as it does not have access, and is demanding a ransome of thousands do pounds.
Is this worth contesting ?
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.

Although I appreciate that you say that the land on which the barn is situated has a right of way "for all purposes", could you please let me have the exact wording ?

Why exactly did your Buyer pull out?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

Hi


Our property is registered under two titlesDN201878 and DN225946 the title in question in which the Land Registry doc states that " (23.11.1987) the land has the following rights; Together witha full and free right of way at all times and for all purposes over the entrance road and yard coloured yellow on the said plan on payment of a fair proportion of the cost of maintaining and repairing same"


 


hope this is of use as the neighbour is asserting Unity of Seisin over this!!

Expert:  Matt Jones replied 3 years ago.
Hi I will try and help

This seems quite straightforward and the right of way is "for all purposes" as you say, so this would include the current use and any future use. I would say that you could rely on this

the Concept of Unity of Seisin is quit e a complex one, and so I would like to see the neighbours argument over this. this would only apply (in very general terms) if the whole and with the benefit of the easement were incorporated into the land with the burden of the easement. It is difficult for me to be sure about this without seeing the various title deeds, plans, etc, but I would say it is highly unlikely to be the case.
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience: I am a qualified and practicing Solicitor with over 7 years post qualification experience
Matt Jones and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi
Sorry I thought that I had replied.
I found your reply helpful, however as you say the complex issue of unity of seisin is not that straight forward. I or the conveyancing solicitor has not seen any documentation to support the claim. It certainly did not come up in the search when we bought the property, if it had we would not have proceeded with the purchase. At present we re still negotiating with the neighbour.
Many Thanks

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