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 UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Property Law Question Here...
UKSolicitorJA is online now

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: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 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 2 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 2 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
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Property Law Specialists are ready to help you
Customer: replied 2 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 2 years ago.
I am afraid your original queries have been answered. Please leave feedback and ask any follow up questions on a new question.

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:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/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.com/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.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    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.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions