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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I live in an end terrace, my neighbor insists that he not only

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I live in an end terrace, my neighbor insists that he not only has a right of way by foot but also for a horse and cart (he doesn't have a horse) and I must leave him access at all times. he also claims it is in a specific route through my garden, I've looked at my Land registry details and cannot find this information, there is only a mention of right of way for both properties (there used to be outbuildings on the neighbors land that belonged to the house I live in) will the information be anywhere other than the land registry? my neighbor claims its clearly stated on his deeds, I've asked him to provide a copy several times but he has yet to do so
Hi,

What is the wording of the right of way in the land regsitry register please?

Tom
Customer: replied 3 years ago.

i haven't got the document with me, but the wording mentions a right of way in 1919 when the house was 1st separated into 2 properties and again in agreement between previous owners in 1950 in relation to the outbuildings, the clause states that my neighbor as access through my property but not specific to anything

Hi

Thanks for your patience.

If the right of way does not mention that they have a right of access by horse and cart then I think you are fairly safe in assuming that the right does not extend to this, or to vehicular access.

Usually rights of way would mention this specifically.

I would state that you would restrict his use of the right of way on foot if he attempts to use it for horse purposes, but at the same time invite him to prove that he has a right by horse by producing the relevant document containing the right.

State that you do not wish to be obstructive and have no motivation to prevent a legal right of way but that you do not consider use by horse to be the legal use of the right of way.

Keep copies of everything.

It’s potentially possible that the right may be contained in a deed which was not sent to the Land Registry upon initial registration but you are not under an obligation to permit access for a right of way which has not been proven to you.


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Tom
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