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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Our neighbour has to drive on our land (a paved road past our

Resolved Question:

Our neighbour has to drive on our land (a paved road past our house) to access their property. We have always allowed this but now they are moving and Land Registy have written to ask us with "B13 Notice of an application to register easements or other rights." "The land has the benefit of a right of way with our wihtout vehicles over the land. The extent of this right having been acquired by prescription may be limited by the nature of the user from which it has arisen" We are still happy for the new neighbours to use our road but should we list or note something with land registry/or others regarding upkeep and repair?
Submitted: 10 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 10 months ago.
Hi,Thanks for your enquiry.I am afraid that if your neighbour or their predecessors have used the right of way for 20 years or more, then they are entitled to have this entry registered at the Land Registry, and you won't be able to object or grant consent subject tot the proviso that they contribute 50% towards any maintenance.Of course, it would be normal and reasonable for your neighbour to make this contribution, but there is nothing you can legally do to insist that this requirement to pay is recorded with the Land Registry. This is because, a right of way does not automatically mean the person using it is responsible for its upkeep.Hopefully in years to come, your neighbour will agree to contribute towards any maintenance, but unless this obligation is already written in their Deeds (which it won't be), then you are not legally entitled to make a charge to them, however daft that may sound.I am sorry this is not the answer you were looking for, but it sets out the legal position.Kind RegardsAl
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10343
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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