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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71038
Experience:  Over 5 years in practice.
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What takes priory on a land registry easement document the

Customer Question

What takes priory on a land registry easement document the plan drawing showing the location and dimensions of and area or the wording (dimensions being the same) but the location being different. The wording is not ambiguous to its position as it starts at a known boundary being south of my property boundary as registered on title deed (referred to in the easement.)
The Grantor dose not recognise the wording as taking president over the plan and for that reason the Land Registry will not accept change unless we both agree.
The reason i require the change of the plan to agree to the wording is the adjoining neighbour now wishes to enforce his easement over the plan for access of which has been granted to myself as an unobstructed parking area at a yearly fee.
The reason the grantor dose not wish to agree to the wording as they have recently installed gates even though I advised them this would interfere with my easements rights as described in the wording.
I have tried to resolve this over several years and have paid the yearly parking fee without prejudice.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

If it is the case that the words and the plan do not correspond to each other then it is a matter for the land tribunal to determine if the parties cannot agree between them.

Neither the plan nor the deeds wording takes priority.

That is the reason the land registry will not make a decision one way or the other.

I'm sorry if this is bad news for you.

Can I clarify anything?