Right of way question.

[martygturner]

I would suggest that if any "rights" are in force then the builder of the extension has frittered away their position to use the driveway of the one without an extension. If a shared access agreement is in place it will be for a narrow drive covenant, then it would only cover the strip that would be needed to allow a vehicle to pass... hence why the neighbour has left a strip to the left of his building. However that would only apply to that strip, not the rest of the driveway. Basically he has blocked his own drive and would enjoy no "rights" to use the rest of the drive on the neighbours side.



For clarity on rights read this :

1. Express rights which are written into the property title deeds having been created and granted by previous owners which then bind the subsequent owners. These rights are known as ‘running with the land’ and the rights are automatically inherited by the new owners of the property as they change hands over the years.

2. Prescriptive rights. They can be created by simply exercising a right of way over someone’s land continuously for a period of at least 20 years without the owner’s permission or consent. If you can evidence this continuous usage, you can apply to have the right registered against both property titles.

3. Consents or permissions. They are informal arrangements agreed between both parties which can be terminated at any time by the owner and cannot be passed onto a new owner of your property.

Consult the deeds.. you can do it online, the title plan will be clearly marked with any registered shared access agreement, normally in yellow hatch.

 

[motorbiking]

I am not mixing any bits of law...

2. Easements must be formalised... see https://www.gov.uk/government/publications/easements/practice-guide-62-easements. Normally the are covered in the title of the land - the deed, "restrictive covenants ." is the common phrase, but that depends on when the land was registered, any house sale post 1990 and in this case was 10 years ago must be registered, therefore any easement, covenants restrictive or otherwise are noted.

Hope that helps.

2. Prescriptive rights. They can be created by simply exercising a right of way over someone’s land continuously for a period of at least 20 years without the owner’s permission or consent. If you can evidence this continuous usage, you can apply to have the right registered against both property titles.

Your second post corrects your earlier post.

I would suggest that if any "rights" are in force then the builder of the extension has frittered away their position to use the driveway of the one without an extension. If a shared access agreement is in place it will be for a narrow drive covenant, then it would only cover the strip that would be needed to allow a vehicle to pass... hence why the neighbour has left a strip to the left of his building. However that would only apply to that strip, not the rest of the driveway. Basically he has blocked his own drive and would enjoy no "rights" to use the rest of the drive on the neighbours side.

That is certainly how I would see a Judge looking at this, if there was to be an injunction. However it does make it hard to install a fence.

Looking at the aerial view the neighbour really has taken the p**. Not only is their a side extension, but a rear extension which means he can only park a car by trespassing.

 

[martygturner]

Your second post corrects your earlier post.


That is certainly how I would see a Judge looking at this, if there was to be an injunction. However it does make it hard to install a fence.

I have not corrected anything...back to selective quotation again..

Have a look at : https://www.johnantell.co.uk/private-rights-of-way

You might clear up your own confusion with regard to terms....

 

[motorbiking]

I been through a couple of these... Rights of way are called easements on private land and easements must be registered on the deeds. The situation here is one of permission not right. You can only gain an implied permission if you used an access for 20 years without gaining the consent of the landowner. In this case the landowner gave permission and permission can be revoked at any time without reason, permission lasts for as long as the land owner agrees.

The above ignores prescriptive rights.

Hence why I said your second post corrects your first. see chapter 2 - There is no requirement for register entries to be made in respect of prescriptive easements.

and incase you don't believe me..

Practice guide 52: easements claimed by prescription

www.gov.uk

 

[blup]

Not sure he agreed to it, more that he didn’t object to it as far as I know. Whether that counts as an agreement, I’m not sure. In any case, the extension only went into approx 2/3rds of the neighbours property and not into my mates.

As stated elsewhere the deeds can be purchased online for a few quid.

 

[motorbiking]

£3 to be exact. Unless you click the one of the scam sites that charge you £20.

Get information about property and land

How to search for information about property and land in England and Wales - find out who owns it, how much was paid for it, how to get a scanned copy of the deeds and how to check the property boundaries

www.gov.uk

 

[blup]

£3 to be exact. Unless you click the one of the scam sites that charge you £20.

Get information about property and land

How to search for information about property and land in England and Wales - find out who owns it, how much was paid for it, how to get a scanned copy of the deeds and how to check the property boundaries

www.gov.uk

Whenever the government or other public body make information available at low/no cost, the private sector jump in, pay google to place their search return first, and cream off the unknowledgeable or unsuspecting punter. But is that a scam or simply much vaunted free market forces at work?

 

[motorbiking]

It's a scam, when they are passing off. I've nothing against a private firm adding value, but when they try to convince the consumer that they are providing a service on behalf of the Land Registry, then it's passing off.

For Example LR charge a different fee for receiving paper registry changes vs on-line. I see nothing wrong with a company allowing a consumer to fill out an on-line version of the form (which is not available to consumers) and charging a fee (which is still Lower) to process it online.

 

[blup]

It's a scam, when they are passing off. I've nothing against a private firm adding value, but when they try to convince the consumer that they are providing a service on behalf of the Land Registry, then it's passing off.

I thought that had been outlawed, but there are many ways the consumer can be fooled

For Example LR charge a different fee for receiving paper registry changes vs on-line. I see nothing wrong with a company allowing a consumer to fill out an on-line version of the form (which is not available to consumers) and charging a fee (which is still Lower) to process it online.

Often it's too late when the punter has been drawn into an official looking website with a small print disclaimer. Power of Attorney being a good example, with many legitimate law firms offering a service that can be done easily online with the government's excellent website.

 

[motorbiking]

Passing off is an area of intellectual property law. In summary if the consumer can be fooled in to thinking company A is company B, there is a case.

But you only have 12 months to bring a claim. I suspect the LR doesn’t have the resources.

It would hurt for them to have a banner saying they are the official site and to beware of similar websites.

 

[Harry Bloomfield]

Passing off is an area of intellectual property law. In summary if the consumer can be fooled in to thinking company A is company B, there is a case.

It's not just the LR which is affected by scam sites, passports, driving licence, IR, and many others - are, or were affected, by these 'add on value' scams.

 

[Mottie]

My mates wife walked with us today and as far as I know, she is going to see a solicitor and possibly pay them to send a letter to her neighbour. Her biggest hurdle is going to be convincing my mate though. I told her to tell him to grow a pair! Apparently, after he had had a go about him blocking them in, she received a text from the neighbour telling her that "all goodwill has now ceased!”. That would have been a green light for me to put something up that very day.

 

[motorbiking]

It would be a lot less to spend £3 on the deeds for both properties. The solicitor will need this anyway. Then if there was no easement I would opt for this. Or maybe even a skip or planter.

 

[carmanmemoranda]

I'd just keep that black car parked there.

It will sort out who has what rights, without expense or effort