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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
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We have the official copy of register of title to HS16843 Which

Customer Question

We have the official copy of register of title to HS16843
Which states:- "It is hereby declared that the purchasers and their successors in title shall be entitled (but without causing any obstruction to motor vehicles) to use the drive belonging to the vendors on the north side of the property hereby conveyed for the sole purpose of repairing and maintaining and altering the property hereby conveyed.
Then in the charges register it states:- "Together also with the benefit of but subject to all such easements, rights quasi-easements and privileges (if any) as the property hereby conveyed and adjoining property on the north and the adjoining property on the west known as the Corn Mill aforesaid may enjoy or have enjoyed by virtue of their previous common erection or common ownership but excluding (as hereinafter provided) any right of way for the purchasers over the road way on the north.
We are currently converting our hotel into 4 self contained holiday cottages, and as the original and only building on the entire site, the farm access used to be this referred to road, and our property still has a gate through onto this road. I cannot work out if the title deed is saying we do or do not have right of access and use. Could you please clarify this for me.
Best regards,
Kathie Oliver-Heaton
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. Sorry, but the answer is no, you have no general right of way over the road way to the north. The wording in the charges register excludes a right of way over that road. The wording referring to access over the road makes it clear that this is for limited purposes - using it only for access for repairs, maintenance and alterations. Accordingly, you have a right to use the road for such limited purposes, bot not a general right of access or right of way. I hope this clarifies matters. Best, WB
Customer: replied 2 years ago.
Thank you this has clarified matters - our neighbour who owns the property immediately west of us has been trying to tell us that it is upto him whether he allows us access onto the roadway to the north of us (which leads upto his entrance gate) to complete repairs to our guttering and to paint the windows. To date he has said he will not allow us access! unless we write to him and he will then tell us when and for how long we can have access!
Expert:  wingrovebuyer replied 2 years ago.
Hello. There's no limit on your right, which is itself of course limited. Your neighbour is not entitled to say he must permit your use of the roadway. However, it is always a good idea to try to get along and if all he wants is details of when the access will be taken, then that's not particularly unreasonable. I suggest you write to advise him, but state clearly that the letter is without prejudice to the fact that you do not need his consent nor do you need to give him notice of entry. Please leave a rating. Best, WB