help understanding deeds

[haza68]

Hi wonder if any one could help me understand what this acctually means
its on my deeds


(c) the right of access with or without motor vehicles jointly with the owners and occupiers of adjoining plots on the transferors development over and along the driveway coloured brown on the said plan upon paying a due proportion of the cost of repairing and maintaining the same but excepting and reserving

Any more info needed please ask
many thanks

 

[SimonH2]

What comes after "excepting and reserving" ?

I think it means that the seller is keeping some right - a common one being to run a drain etc under a development for the rest of the houses he hasn't built yet.

 

[haza68]

Thanks Simon for responce

Think i need to look into this a lot deeper think its going to get very heated

by the way the houses are about 25 years old

 

[big-all]

the first bit is all that use it share the upkeep and repair costs from what i read

 

[SimonH2]

Indeed, the first bit is just "you pay your share of maintenance". But what the "excepting and reserving" is about is all to do with what's written after those words - which the OP hasn't said yet.

 

[JohnD]

and if there is nothing after "excepting and reserving" it means "excepting and reserving nothing"

 

[haza1]

Hi all it goes on to say about
The right of the owners from time to time of the neighboring premises or any of them and of any premises on the transferors adjoining land to free passage of running water and soil etc

The question for this has nothing to do about paying my way

One of the neighbors wants to build a garage on his parking space but on the planning application it says he has purchased a piece of this land I'm trying to find out how and why could he buy 25% part of land from the original builder when the up keep is shared by 4 people,

Do you think the builder still owns the land as the wording used on the deeds ie TRANSFERORS DEVELOPMENT

Regards

 

[SimonH2]

You probably need to do a lot more typing and include the whole section !
Also, can you calrify, are the properties concerned freehold or leasehold ? It makes a huge difference.

I can only speak for the properties I own, and what's in my paperwork. What I suspect is the situation is that you have bought a house freehold, and with it comes a small parcel of land which is your parking space. So you own the parking space and the house/garden - but you do not own any of the "common areas", ie the driveway/yard. The developer will still own that, but there will be a covenant giving each of the freeholders certain rights - namely to pass and repass over his bit of land to get to/from your parking space.

The except and reserved bit is just keeping the right for any or all of you to run services under the common areas - otherwise it could get difficult in some cases maintaining your services.

Your upkeep responsibilities will extend only to the common areas. The parking spaces themselves will almost certainly be the sole responsibility of the freeholder that owns them. If one of your neighbours wants to put a garage up, then that's up to him provided it does not affect your ability to use your parking space or pass and repass over the common areas.


If you have leaseholds (as is common with flats/apartments) then things are different. As a leaseholder you don't actually own the land or property - you lease it for a long period (999 years is common, though it can be shorter). At the end of the lease, you have nothing - which is why some people who bought properties with (say) only 40 years or less of lease to go will find it gets progressively less valuable as the years tick on.
So <someone> will still own the land and property, but you have a lease which entitles you to use it almost as if you own it.
If you have leaseholds, then your neighbour may or may not own the parking space, and he may or may not be able to build on it.

 

[rjm2k]

Sounds like it's about a shared drive, but you need to post the whole paragraph.

 

[haza1]

Thanks for the reply when I get home I will post more including plans.

At the mo there's 3 garages and a parking space (this is where he wants to build the garage)

But on the plans it shows the whole drive as a 4 way split for the repair costs,

But on the planning applications for the garage the applicant has bought a strip of this land so how does that work?

As I said I will post more details later

Thanks once again

 

[SimonH2]

He cannot buy and build on a strip of land to which you have rights. Or more correctly, he can but you can enforce your rights ... You would have to go to whoever holds the freehold, and from whom you have the covenant giving you the rights, and insist that he abide by those covenants.

Trouble is, if he's not cooperative, then I suspect it could quickly escalate to large legal bills.

So you need to sit down with your paperwork, work out what you own, and what shared land you have rights to use. If the garage doesn't impede your use of either then there's little ground for complaint - about that anyway, you may have other grounds for objection (the usual planning process ones, nothing specific to the shared access).

AFAIK there is nothing to stop you applying for planning permission on a bit of land you don't own. The planners won't care about that, that would be for the land owner to tell you where to go if you actually tried to do it - the planners are only bothered about whether it meets the conditions/restrictions for planning approval and the local development plan.


Oh yes, disclaimer, IANAL !

 

[haza1]

Thanks Simon for your help like I said will post plans later

I have objections to the build what I will put forward to the planning so do my neighbors

It's this land thing I want to get right

Thanks

 

[haza68]

ok here goes

the plan shaded in brown is in my deeds the yellow shaded is what the neighbour has purchased

 

[haza68]

Latest up date just spoke to the son of the builder who built the houses almost 30 years ago

Now it getting interesting:The the driveway is still owned by the builder so is the car parking space where he wants to build the garage

The builder recons it would be very hard to sell the land as his dad has been dead for the last 17 years

After a time can you claim the land as your own,

hope this makes sense

Regards

 

[rjm2k]

Are you in 2A? you need to download 1B (I assume this is who is wanting to build?) title plan from the land registry, also the map search on there may help to identify who owns that space, TBH I would be very suprised if it was the builder.