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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have following Rights expected and reserved on my freehold

Resolved Question:

I have following Rights expected and reserved on my freehold land:- Rights excepted and reserved to the Transferor and the tenants and occupiers of the Retained Land over the Property: (a) the right of free passage and running water and soil in and through the sewers drains and channels made upon through or under the Property and to the free and uninterrupted use of all gas electric telephone and other pipes wires and cables upon through or under the same (b) full right and liberty for the Transferor and the Transferors surveyors agents workmen and others at all times and from time to time upon reasonable notice (save in case of emergency) to enter into and upon the Property and all parts thereof for the purpose of repairing maintaining altering cleansing examining or testing the building on the Retained Land and all parts thereof and the said sewers drains channels pipes wires and cables serving he same and of making all connections and disconnections which may be necessary in relation thereto Provided That the Transferor shall make good any damage caused thereby to the Property but shall not be liable to the Transferee for any inconvenience of otherwise howsoever in relation to any such work reasonably and promptly carried out or thing reasonably and promptly done as aforesaid (c) all rights of light or air now or hereafter belonging to or enjoyed by the Property from or over any of the Transferor’s neighbouring land or building or the Retained Land (d) the right to build or rebuild or alter any of the Transferor’s adjacent or neighbouring land or building or the Retained Land in any manner whatsoever and to let the same for any purpose or otherwise deal therewith notwithstanding the light or air to the Property is in any such case thereby diminished (e) the right of support and shelter now belonging to or enjoyed by all adjacent or neighbouring land or buildings or the Retained Land of the Transferor (f) a right of way on foot over the flat roof of the Property and over the external staircase (which staircase the Transferee shall retain at all times) and yard thereof as a means of escape from the Retained Land in case of fire or other emergency, such means of escape not to be altered or obstructed by the Transferee (g) the right to erect a mutual escape door at the first floor of the staircase leading to Beaufort Mews in accordance with any fire authority (or successor authority) requirements

I refer to the above; I understand my neighbour has full right and liberty to enter my property. However, does this mean my neighbour can erect the scaffolding without my consent? Or do they need a license from me to erect scaffolding?

Thank you for your help and I look forward to hearing from you soon.

Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
The above certainly does NOT give your neighbour the right to put up scaffolding on your land.
It gives your neighbour the right to gain access on to your land for the purpose of maintaining or repairing their own property or any the services(drains/utilities) which serve their property and which run through your land, but this does not extend to them being able to erect any scaffolding on your land.
I hope this assists you and sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.

Dear AL

Thank you very much for your prompt answer. They want to eract scaffolding up because the developer want to add new 20 flat on their land.

Does above reserve right cover extend to new development?

Do they have right to connect additional drainage to my manhole?

Thank you and I look forward to hearing from you soon.

Kind Regards,

Htein

Expert:  Aston Lawyer replied 2 years ago.

Hi Htein, Thanks for your reply. The rights for the neighbour relate to the Buildings as defined in the Transfer (ie 313-321(odd) North End Road and 89-91 (odd numbers) Lillie Road). Therefore, if these buildings are to be converted into Flats, then the rights remain in place. However, as mentioned previously, the neighbour still does NOT have any right to erect scaffolding on your land.

Nor does the Transfer does grant them the right to lay any new pipes/utilities/drainage which may be required for the new development. I hope this helps. Kind Regards AL

Aston Lawyer and 2 other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.
Hi Htein,
Can I assist you any further?
Kind Regards
AL

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