How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
Type Your Property Law Question Here...
wingrovebuyer is online now

Hi Myself and two neighbours access our properties by a shared

Customer Question

Myself and two neighbours access our properties by a shared access track.
The access track is owned by neighbour 1 and a small portion of it by neighbour 2.
I have full access rights over the track with and without vehicles.
This is all in my register and a separate title plan just for the defined access as we'll.
Neighbours 1 and 2 have recently come to the end of a very long and lengthy dispute,
regarding the track been moved,new gardens been built over the original track,new stone boundary walls created, bits of land between them been exchanged and so on.
They have now updated the new layout with the ordnance survey and are now both in the,
Process of having this all updated with the land registery.
Now the bit that worries me is as a 3rd party using the altered track shouldn't I be involved,
as well?
My register and title plan would all be relating to the old layout and my 2 neighbours registers and title plans to the new layout.
What I am asking is Would the Land Registery put all this through without checking it involves a 3rd party?

Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

Hello. You are right. Your right of way must be varied to apply to the new route, as the right will apply to the old route unless it is modified. You will have real issues when you come to sell if this is not dealt with. I suggest you speak to the neighbours and remind them that you have rights and these need to apply to the new route. They need to enter into a deed granting you rights over the new track and releasing rights over the old one. They should cover the costs of this. Land Registry will not do anything about your rights unless you do this. Best wishes, WB.

JACUSTOMER-ug9lxqql- : Hello
JACUSTOMER-ug9lxqql- : So the land registry would put it all through even though it would all be wrong in my case. They don't do any checks from their end?
wingrovebuyer :

No - they would know that the land exchanged remains subject to your rights in law, even if changed on the ground. They don't check these thinfs, just register them.