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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Will a small conservatory have to be added to the deeds of

Resolved Question:

Will a small conservatory have to be added to the deeds of house?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
No. There is no facility to add your conservatory to your land registry title for your property.
Provided that the conservatory has been built on land within your title, then this is perfectly sufficient in order to prove that you own the conservatory because it falls within land that you own.
The situation would be different (and complicated) if the conservatory has been built on land that does not fall within your legal title but I assume this is not the case.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 3 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 3 years ago.

I have a drive next to my house which provides pedestrian access to next door. The deeds state no obstacle to be created, but there would still be plenty of room for them to pass. (5ft?) Any ideas?

Expert:  Thomas replied 3 years ago.
Hi,
Have you actually built the conservatory?
Does the conservatory limit the access from it's current width?
Kind regards
Tom
Customer: replied 3 years ago.

Not yet built. Would halve the access from 10 to 5 feet, roughly

Expert:  Thomas replied 3 years ago.
Right. I would be extremely cautious about this.
If the deeds clearly state that a certain amount of width must be afforded then you cannot breach that width by building a conservatory over it. In order to do so you would have to execute a deed of variation of easement with your neighbour who benefits from the right of way amending the easement to the proposed new width after the conservatory has been built
If the deeds do not indicate a width then I would still proceed with caution, because the position is not clear. I would still recommend only doing so after having a deed of variation executed with the neighbour benefiting from the right of way.
Kind regards.
Tom
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