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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We are an allotment society based in East London on a very

Resolved Question:

We are an allotment society based in East London on a very old allotment site. We have very restricted access to the site and historically have relied on our neighbour, The City of London Cemetery, to gain access for such things as manure delivery. They recently renewed the road we accessed via and failed to put in a drop kerb to the access gate (there was one there previously).

They are now getting very awkward with us regarding access and are denying it, in my opinion, unreasonably. They do not deny access to the Water Board and other official agencies.

How would we establish if they have any legal obligation to grant access?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Is the right of acccess registered agasint the respective legal titles?

If not please state how long the right has been exercised for?

Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks for the quick reply. We do not have the legal title to our site as it is a Local Authority owned site, nor do we have sight as yet of the Cemetery title.


 


The allotment site pre-dates WW2 ... I believe it may date back to soon after the allotments act around 1832.


 


The council had let the site decline and in 1999 there were two tenants. Since 2004 there has been increasing activity and we are now nearly fully let with 45 tenants.


 


We have had access for the last six years without problem - I think the cemetery overlooked replacing in the drop-kerb when they renewed the road 18 months ago.


 


Thanks,


 


Matthew

Expert:  Thomas replied 1 year ago.
Hi Matthew

Thanks for your patience.

You need to get the legal titles for both properties.

You can download a copy of the registers from the land registry's search engine to find the title number :-
http://www.landregistry.gov.uk/wps/portal/Property_Search
Enter the postcode for your property and if it is registered it will give you the option to download a copy of the register.

If you can’t find them then you will need to carry out an Index Map search by submitting form SIM to the Land Registry with their fee (call them to find out. The form can be downloaded here:-
http://www.landregistry.gov.uk/professional/forms

They will tell you if it is registered. You can then download the title registers to see if the right is documented on them. If it is then you can enforce the right of access against the cemetery.

If it is not registered then you will have to see if the council allow you to inspect their unregistered title, or to take copies of it. If the right is on one of the old conveyances then you can enforce it against the cemetery.

You would enforce it against them by stating that you have a right and should be afforded access. Presumably this would either be by way of a dropped kerb or a ramp to give access. If they do not comply then you will have to apply for any order that a ramp is provided.

If the right is not documented then order to acquire a right access (easement over the land by long use a person(s) must have been ising the access for a continuous period of 20 years. If there are others who have used it for this length of time and can confirm this then you can apply to have the right registered and then enforced against the cemetery.

If no one can then you are not going to be able to do a lot unless the cemetery are willing to negotiate a fee to execute a form Deed of Easement giving you the express right..



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Kind regards,


Tom
Customer: replied 1 year ago.

Thanks Tom - that's great information. One issue: our site does not have a postcode. Could you clarify what needs to be done in that regard please?


 


The Map coordinates are 51.559077, 0.055608 (those will show you the site in Google Maps).


 


The access was to the south east of those coordinates where the end of the "South Boundary Road" in the cemetery is adjacent to the bridle path.


 


The gate is still there and used by authorities.


 


Thanks for the very useful information.


 


Matthew

Expert:  Thomas replied 1 year ago.
Hi Matthew,

If there is no address then you should skip straight to carrying out an index map search of the two properties. For this you only need a to-scal OS map with the respective areas marked in pen.

Please remember to rate my answer.

Kind regars.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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