How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Matt Jones Your Own Question

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
13732703
Type Your Property Law Question Here...
Matt Jones is online now

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 2 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 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions