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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need advice on a right of access to a neighbouring property.

Resolved Question:

I need advice on a right of access to a neighbouring property. The property is owned by a company who let the property via a letting agent. We consulted the company when we applied for planning permission to extend our property and when we started the build we secured 3rd part wall agreement. Contact with the company has always been difficult due to their reluctance to respond. Our Extension went over the right of way and we asked the tenant to ascertain from the landlord regarding the gate. Nothing was heard for 4/5 years. Now we have received a letter from their solicitor stating we have obstructed their right of way and that we need to put a gate in and formally register the right of way and that we will pay all costs - ours and theirs. We have no problem putting a gate in but our Land registry plan is small and shows a broad green line of where the access is across our land. What do we need to do - what forms do we need to complete. Are we liable for their legal fees when they have not been in contact before now regarding this matter. I it only the tenant who is able to use the right of way which it states is on foot rather than anyone linked to the tenant. Lastly is it unreasonable for us to ask the landlord to advise us if they intend to carry out works to the property and sending workmen across our land? Any advice would be grateful for.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Are there questions we should be asking of them? They make reference of taking the matter to court if we fail to comply and liable to all court costs.
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.
Yes I will wait a further day or 2. If you cannot find someone to answer my question can you arrange for the fee of £38 to be refunded
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Expert:  Ash replied 1 year ago.
Hello my name is,Alex and I will help you.
How long have you had access for please?
Alex
Customer: replied 1 year ago.
Hi
It is not our access it is theirs. Their property is the dominant property ours is the servient. Access for the time being is noted in our deeds. The Original path was at the back of the house and is now under the End of our extension, we understand we need to put a gate in but I think they are suggesting we have to formally register the change in location even though it will only be a metre or 2 from the original position and subject to their approval. The company who own the property and their letting agent were sent our architects drawings ahead of the planning application circa 9 years ago and notified when the plans were put in also later with seeking the 3rd party agreement. Not once did they come back to us with specifics regarding moving the access eg where to or anything.
Also on the same lines if we want to move the route of access to the back of the property from its original marked on the plans what do we need to do. As this would be better to make any changes in one go. We only want to move the access to another gateway several metres down which is adjacent to their gate to the font of their property.
Thanks
Expert:  Ash replied 1 year ago.
Just to be clear you have obstructed the right of way for 4/5 years?
Alex
Customer: replied 1 year ago.
The extension extended over the original path. Our original porch extended 3 metres from the house and the path was beyond that. Our extension replaced the porch and came out 4 metres from the house. I suppose it was over the original way through, I suppose we were awaiting for the owner to get in touch before to discuss . I think we were quite naive with regard to the right of way. Hence needing advice as to what we need to do to sort this out.
Expert:  Ash replied 1 year ago.
What do we need to do - what forms do we need to complete.
There is no legal requirement to register the right of way, as long as you are giving it and they are using it, it does not need to be registered.
Are we liable for their legal fees when they have not been in contact before now regarding this matter.
No, its unreasonable for them to contact you via a Solicitor when they could have just asked you.
I it only the tenant who is able to use the right of way which it states is on foot rather than anyone linked to the tenant. Lastly is it unreasonable for us to ask the landlord to advise us if they intend to carry out works to the property and sending workmen across our land?
Yes the tenant is only able to use it. The flats wont because they are new builds. They dont have a right of way, just the previous uses.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks.
Not sure what you mean about new flats as we live in a house. I asked if the owner could send workmen around to the rear of their property using the right of way and whether it would be unreasonable for them to give us written notice.
Is your advice as per UK law and land registry rules?
I have heard of a deed of variation, what is this and does it apply to our situation?
Regards
Expert:  Ash replied 1 year ago.
Yes it's uk law. There can be a deed of variation which varies what is at the land registry.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thanks.
Our concern is that their lawyer has stated that 'all works necessary to facilitate the installation of a new gate and the formal recording of the variation/extension of the right of way, including this firm's reasonable costs associated with the same, are met by you'
The original gate was handed to the tenant when our extension was built, however, we will concede to supplying a new gate as I suppose we would be criticised for asking for the original gate to be provided to allow us to put it in place.
Their parting paragraph is ' we look forward to receiving your appropriate proposals shortly, failing which, we reserve the right to refer this letter to the Court when the issue of costs comes to be determined in what will be inevitable proceedings if no prompt resolution is reached.'
Any additional advice?Regards
Expert:  Ash replied 1 year ago.
Yes that just means if you don't they will take you to court, it's normal wording. I would reinstate it because if that is how it was beforehand it should be put back.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thanks
Are they asking us to get a deed of variation when they speak of the formal recording of the variation/extension of the right of way?
Regards
Expert:  Ash replied 1 year ago.
It's not clear, they haven't actually said. They should be clearer.
Alex
Customer: replied 1 year ago.
Thanks, will write to them and state we will put in the gate and ask what they mean be formal recording of the variation. If they are seeking a deed of variation I suppose this will mean a face to face with a conveyance solicitor to draw up the necessary legal paperwork?
With regard to their costs - should we, when we've had their response to our letter, question why we should need to pay for their legal fees when we have had no prior contact from the owner of the house regarding this issue? We cannot understand why the company did not just write to us in the first instance.
Regards
Expert:  Ash replied 1 year ago.
Sadly yes you should get a conveyancing solicitor because yo need to do it right. You are not responsible for. Coast because they should have just asked you. There should be contact first!
Does that help?
Alex
Customer: replied 1 year ago.
Yes Thanks. We'll wait for their response.
Regards
Expert:  Ash replied 1 year ago.
Good luck
Alex
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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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