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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We own a farm but only have right of way down driveway a quarter

Resolved Question:

We own a farm but only have right of way down driveway a quarter of a mile long. It is unrestricted right of way. But we have some disused MOD buildings on our farm -- we own them--but we have noticed on our deeds that they do not have right of way down driveway. We have approached the owner of the drive and he is happy to give us right of way for these buildings. We have used the driveway for these buildings for well over twenty years so they have right of way by prescription. We want to clarify it with the land registry so that in the future should we sell there will not be a problem then. What I would like to know is what forms to fill in for land registry and what does a solicitor need to do? We have spoken with land registry and they keep saying they cannot give legal advice. All we want to know is what we need to give them.
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What needs to be done is known as grant of an express easement by the owner of the drive. This is done by a deed which a solicitor will prepare and this deed needs to be registered at the Land Registry to be legally effective.

The application to register the easement is done on form AP1


Hope this helps


Customer: replied 3 years ago.
Does my solicitor or the owner of driveways solicitor need to draw up this deed.? I expect it will get done if our solicitor draws it up and the owner just signs it.
I have form AP1 but do I have to send other forms confirming our identity. ID1. And if so do we need separate ones for me and my partner--who are jointly on our deeds of farm, and do we need one for the owner of driveway. He owns his farm jointly with his wife and son, so would we need ID1for all three of them?
Does my solicitor need to draw up a complete new deed for our farm or is this express easement just added to our deeds already held by land registry?
Expert:  UKSolicitorJA replied 3 years ago.
It would be easier of your solicitor draws up the deed and simply gets the owner to sign it.

ID1 forms not required where the application is lodged by your solicitor.

This will be an express easement noted on your existing title.

All the best
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Customer: replied 3 years ago.
With a view to saving money where we can, if we get our solicitor to draws the deed can we then get AP 1 signed and witnessed by owner of drive, and send that and deed to land registry ourselves. If so is there anything we need to be aware of on the AP 1, and back to previous question , if we send it ourselves do we then need ID1 s and if so how many?
Expert:  UKSolicitorJA replied 3 years ago.
I am afraid your original queries have been answered. Please leave feedback and ask any follow up questions on a new question.