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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Property register (9 November 1993) The FREEHOLD land as shown

Customer Question

Property register
(9 November 1993) The FREEHOLD land as shown edged with red on the plan of the above title filed at the Registry and being 68 Hallowes Lane, Dronfield, (s18 1ST)
(9 November 1993) The land tinted pink of the filed plan has the benefit of the rights granted by but is subject as mentioned in a conveyance thereof dated 10 December 1957 made between (10 Joseph ***** ***** and (2) Frank Sharpe in the following terms:-
"together with the benefit of but SUBJECT to (as the case may be) all such rights of way water light support drainage eavesdrop and of user of the launders roof spouts downpipes chimneys party walls and all such other rights in the nature of easements or quasi easements as are now or have been at any time heretofore used or enjoyed in respect of the property before described in through over or under any adjoining or neighbouring property or as are now or have been at any time heretofore used or enjoyed in respect of the said adjoining or neighbouring property in through over or under the property before described"
Can you tell me if the above means that adjoining properties have access rights to drive across our property please?
Regards
Sarah May
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi Sarah,Thanks for your enquiry.The part of your property coloured/tinted pink on the Land Registry title plan may indeed be subject to certain rights which benefit the adjoining owner.However, you need to look at your deeds to see what these rights are- you will find them in the Charges Register of the official copies.The wording you have quoted from the Property Register just sets out the rights granted to your part of the property tinted pink, over the adjoining property.Please feel free to get back in touch once you have been able to have a read through the Charges Register.It may be that the wording just repeats the paragraph you have quoted ("all such rights... under the property before described"). If it does, it would mean that IF the adjoining property had benefitted from a right of way over your drive BEFORE 1957, then they do indeed continue to have this right now.I hope this assists.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi Sarah,Please let me know if I can be of any more assistance to you.Kind RegardsAl
Customer: replied 1 year ago.
Hi, we will be checking the deeds Asaph hopefully tomorrow. If I need anymore advice I will get back you you. Thanks sarah
Expert:  Aston Lawyer replied 1 year ago.
Ok, thanks Sarah.Kind RegardsAl