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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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It says on my deeds that...

Customer Question

If it says on my deeds that my Neighbour has access over our garden. Would this mean by foot or car?
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you question

I will do my best to help you but I need some further informations first.
what is the EXACT wording of the deeds relating to the access?
Clare
Customer: replied 1 year ago.
Clare I think you would have to see the deeds to understand the full concept of our problem. Not just the wording but the plan that's distinctly outlined in red were our boundary is. There is also a working mans club Next door other side that own the lane we all need to cross to enter our properties. Kind regards Tony
Expert:  Clare replied 1 year ago.

The wording is what will give the answer to the question you are asking - but by all means send me a copy of the plans as well
Clare
Customer: replied 1 year ago.
Clare me again. The wording you require as follows. TOGETHER with and subject to such rights of roadway sewerage and drainage as are at present enjoyed in connection with or effect the said hereditaments hereby conveyed reserving nevertheless unto the vendors their heirs and assigns owner or owners time being of the adjoining hereditaments on the south west side of the said hereditaments hereby convered (in common with the purchaser his heirs and assigns) a right of way over the said back road and over so much of the yard at the rear of the hereditaments hereby conveyed as are included in these present. Hope this is what you need. Kind regards Tony.
Expert:  Clare replied 1 year ago.

Is the reference to the "yard" the part that refers to your garden - or the reference to the "roadway"
Clare
Customer: replied 1 year ago.
Thank you quick response Clare. I can only think that yard would be reference to our garden. As the lane (road) at the side of our property owned by the working mans club would be refered to as road??
Expert:  Clare replied 1 year ago.

Does your neighbour have any other vehicle access to his property?
Clare
Customer: replied 1 year ago.
No. Only to park on roadside at front of property. It's a row of three terrace houses. So if there is access door there would also need to be third house. Which would only cause problems in that one would always be blocked in. At present the third house haven't a vehicle so not a problem at present.
Expert:  Clare replied 1 year ago.

Can you attach a plan so I can see it?
Clare
Customer: replied 1 year ago.
Not sure how to attach the plans to this site??
Expert:  Clare replied 1 year ago.

I will ask customer services to assist
Clare
Customer: replied 1 year ago.
clare as there been some complications of some sort?
Expert:  Clare replied 1 year ago.

My apologies - I have the plans.
Can you describe where the roadway is - what is the box like area shown at the end of your garden
Clare
Customer: replied 1 year ago.
clare
My discription of the road would be the lane at the side between us and the club next door. I can only think the line that creates the box like area is a feance that has been arected past before we owned the property.
Tony
Expert:  Clare replied 1 year ago.

Is that area hatched or coloured in any way on the plan?
Clare
Customer: replied 1 year ago.
No Neither it's just a black line! Just outlined in red were our boundary is.
Expert:  Clare replied 1 year ago.

Ok
Have you by any chance accessed the deeds of the Club to see what theirs say?
Clare
Customer: replied 1 year ago.
No! Didn't no I could! Are you saying we need to access the clubs deeds?
Expert:  Clare replied 1 year ago.

Yes you can do it.
It may not help - but it may help build the bigger picture
Clare

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