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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19937
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am the owner ofXXXXXig88as, I have pestered

Resolved Question:

I am the owner ofXXXXXig88as, I have pestered your land registry office several times and they have been a great help.

After consulting a lawyer i am now at a place where the land registry documents do not match and would like for the land registry to look into this in the hope that the documents can be rectified.

Like I said i am the owner ofXXXXXtitle number EGL46560, as you can see from the plan I own the land outlined in red which incorporates a piece of land at the bottom of my garden which is a right of way.

The right of way use to access a builders yard to the right of the right of way, which has now been developed by laing homes with 4 detached/ semi detached houses and the close is called wheeler close ig88le. It is accessed from chigwell road. Previously in the 1950/60s wheelers close way known by the name ofXXXXXand before that 55-59 high road. This information was found out from planning archives.

The only person on my land registry papers that has access to the right of way isXXXXX After lots of phones calls and emails again planning archives emailed me and confirmed thatXXXXXwas once know asXXXXX the title number isEGL244920.
Reading their land registry details it does give them right to pass over the land at the back of the garden.

The problem has arisen as the garages that use to be at the back of our gardens has now been developed in a detached house title number EGL156782. On their title plan it actually shows that they have access to the right of way over my garden as well. This is now known as 713a chigwell road

The last time the land was registered (as the garages I assume)was in 1974 if there was any change of right of way, surely, whenXXXXX my title plans was re registered in 1976 would have been noted.

I am at a loss, the lawyer has suggested that the plan is not clear and to only worry about who has got access through the property register on my land registry documents, as I am trying to get the right of way extinguished and without knowing who has official right of way, this is difficult.

The development wheelers close that has been build on, was sold around the early 1990s to laing homes and building plans were passed in 1995 with alterations in 1996. Again found out from planning. Therefore the right of way has not been use for over 20 years. I have lived in my house from 1996 and again feel that the right of way should be dealt with legally as when the property was orginally bought our solictor suggested we just extended our fence and left a gate for access,which has never been used.

Now the developers from 713a chigwell road are threatening to pull down our boundary as they have said its illegally erected even though access is possible.

Realistically I would prefere for the right of way would be able to be extinguished but I feel that my neighbour will not do this.

If you can please advise
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends. 
I just need 10 mins to read over this if thats OK?
Expert:  Stuart J replied 11 months ago.


We cannot see anything of your title because we are not the land
registry.

You have asked a question on an independent legal questions and
answer website.



Having looked at the very complicated facts I think this is
something which you're going to have to sort out locally with a solicitor. If
not, you are going to need to let me have the plans with a complete narrative
and then I can explain or at least point you in the right direction.



Meanwhile, I can tell you that a right of way shown in the deeds
cannot be extinguished unless it is done by consent. It does not get
extinguished through non-use or the fact that it is no longer needed.

Customer: replied 11 months ago.

can the right of way never be extinguished by non use even after 20 years

Expert:  Stuart J replied 11 months ago.

Not even after 100 years if it is noted in the deeds.

It can only be extinguished by mutual consent or if you buy both dominant and Servient properties , get rid of the easement, and then sell one on.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19937
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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