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Category: Law
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I am currently looking whether our neighbor has access

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I am currently looking whether our neighbor has access through our garden?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No not yet
JA: Where is the property located?
Customer: Knutsford End of terraced house I have the title registry documents
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you attach the title documents using the paperclip icon and I will review the same and advise.

Customer: replied 17 days ago.
File attached (GZT3S55)
Customer: replied 17 days ago.
This relates to property no.10 and 12
Customer: replied 17 days ago.
we understand that no.14 has access
Customer: replied 17 days ago.
File attached (44MMQ2G)
Customer: replied 17 days ago.
No.10 is claiming that he has access through our garden

At entry C1 of the title documents there is a deed dated the 08/01/2010 which grants rights. Do you have a copy of this deed? As any rights of access are likely to be contained in this.

Customer: replied 17 days ago.
I will take a photo and attach it
the document only refers though to 14

Thank you,

Customer: replied 17 days ago.
File attached (7Z266PQ)
Customer: replied 17 days ago.
Our main issue is with 10 & 12 though as they want access for building work

Thank you for the attached, the deed is between 16 and*****there is nothing to show that any other property owners would be granted a right of access.

Customer: replied 17 days ago.
No.10 is claiming that he has a bank letter saying that he has access - although we don;t have anything and the title registry has nothing. Are we able to go off the title registry alone?

A bank letter cannot grant rights over your land, for the rights to be enforceable they need to be entered into as a deed just like the 2010 document.

Customer: replied 17 days ago.
Thank you - so are we able to go back to him and say we don't have to grant him access? Can i say that the title document is the document that ultimately states the access through the property
Customer: replied 17 days ago.
could he have it in his title deed?
Customer: replied 17 days ago.
As in does it have to be in the land registry document for both of us

Yes you could refuse access, as  rights of access must be recorded by deed and in the case of registered land, (which yours is) it should be recorded in the title register for each property affected.

Customer: replied 17 days ago.
Thank you so much - that is relatively simple
could the claim access after using it for a period of time?
Customer: replied 17 days ago.
if there was a letter when no.14 bought their house saying that 10 & 12 use t
heir garden for bins would that count? or do you have to have it in the deeds?

This would appear to be a licence, a licence grants the person enjoying the licence permission to do something on the owner's land that would otherwise be a trespass (for example access).

It does not create or grant any interest in the land to the licensee. If the property is sold to another, the interest under a licence does not pass with it and can be revoked.

Customer: replied 17 days ago.
is there a certain time he could have been using the land that he can claim access?

There are implied easements which are implied by law, an implied easement may exist where a vendor sells a parcel of land, retaining an adjoining parcel of land for himself, but where he overlooks expressly granting himself a right of way to allow him to access to his retained land. However in practice these are very difficult to prove especially if you are clearly objecting to the access over your land.

Customer: replied 17 days ago.
perfect, thank you. would you advise we write him a letter?
Customer: replied 17 days ago.
The bank letter he had for his mortgage saying he could take the bins out just to confirm isn't rights over the land

Yes, I would advise that you have reviewed your title documents and that he does not have an a express or implies right of access. The bank letter cannot create a right of access.

Customer: replied 17 days ago.
the sole way of having access through someones land is in the deeds of the registered

Yes that is the express easement, there can also be implied covenants but this is very difficult to prove and would need to be agreed by a court.

Customer: replied 17 days ago.
Thank you for all your help on this. Please could you also advise how best it would be to get a written letter?

I am sorry, I do not understand. A written letter from who?

Customer: replied 17 days ago.
would you advise a written letter from a solicitor to send to them?

You could do so if you wished however the solicitors are likely to charge a fee for this.

Customer: replied 17 days ago.
thank you so much for all your help

Glad to be off assistance, I wish you all the best going forwards.

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