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uk property law: do 3 ways of going across subservient land

represent 3 different easements?...
uk property law: do 3 ways of going across subservient land represent 3 different easements?
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Answered in 2 hours by:
9/22/2012
Thomas
Thomas, Lawyer
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Hi

Can you explain more about the three ways please?

Tom
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Customer reply replied 5 years ago

hello Tom, yes certainly.


There are two routes across my neighbours land at two different heights behind the communal garage block: one giving access to the roof; the other to the rear wall for running cables into the back of my garage...acessible only by crossing this prev unreg'd strip of land now in the ownership of my neighbours but i say burdened by access rights expressly stated in the freehold (transfered without more detailed registration from the former lease). I'm thinking about an application to register as appropriate together with the the third route which serves me with access to our shared drain but which has been contentiously reduced in width and semi obstructed. The second route over the raised area behind me giving access to my garage roof, as mentioned, is now also further contentiously obstructed by a handrail.



Hi

Thanks for your patience.

If the exercise of the three different ways are slightly different to eachother then they are capable of being expressed as three different rights of way on the registered titles providing that you can show that each individual easement has been legally acquired (eg. By prescription (use in excess of 20 years) or by express grant).

The other way of getting around it would be to register a more general grant but this would have to be with the owner’s consent and it does not sound as if he is in the mood for it.

Therefore you would have to prove with documentary evidence the acquisition of the rights and then apply to have them registered.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
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Customer reply replied 5 years ago

ok so i do this my means of an application to alter the register? The documentary evidence i rely on is the express terms of the freehold which merely transport the terms of the former lease across and are far from transparent or specific..but i'm liking your 'generalese' as the lease was extremely general but also interpretable generously in my favour i think tho i wouldn't mind cutting it down to size to exclude other possibly actionable references such as painting my windows every 5 years or so. Can i first apply to ammend and amplify the terms that are relevant? so the former lease terms are updated to refer to the matters of interest ie the implied easements? or maybe i should cut to the chase and make applications to register the 3 easements over my neighbours land?

Hi,

You would have to include the whole lease in your application and simply refer to the individual clauses in your statement.

You have to refer them to the wording of the clauses and state your interpretation. They will take their own view.

I personally would make three different applications but submit them under one covering letter. You really are best off instructing a solicitor to prepare this for you though.

PLease remember to rate my answer.

Tom
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Customer reply replied 5 years ago

Thanks Tom but i'm not ready to let you go yet! May we continue please as I would like to try to make the applications myself.


I agree three applications are merited and one covering letter appropriate. I will use the format of the express terms of the freehold as transferred from the former lease.


I have photos of the former layout. 2 of the ways of going are still at least partially open. I need to know


1/if the 3rd way of going has been closed off for more than a year without being registered by me is this fatal to that registration?


 


 

It being closed off for a year is not fatal to the application provided that you have attempted to resolve the dispute relating to it's usage. If you say you have been negotiating with the hope of informally registering then you will be fine in this respect.

Please rate my answer.

Tom
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Customer reply replied 5 years ago

really well thats very good news thanks. sorry its more than a year now. it was closed off in 2003 however we understood we were approaching agreement about hinges going on the trellis to allow access. Now they have put a handrail in of front of the way its really scuppered so i feel i must make an application of some sort.


 


Can you tell me if i make 3 applications but only suceed with 2 am i liable for costs for the 3rd?


How much is an application to register an easement please at the Land Reg and will this be x 3 or is there some accomodation for more than one application of the same sort?

Hi,

You may be liable for costs if it does not succeed.

I believe the fee would be £50.

Please rate my answer now.

Tom
Thomas
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Customer reply replied 5 years ago

with respect to the easement which had a trellis put across in 2003 ...it could be argued that the way of going was interupted then. I would say we were negotiating about hinges going on as we were happy to do that for them. Now however a handrail has been installed across the way and this is fixed hence I must react (within a year?). But would the lack of hingeing be a problem in terms of an argument that the easement was surrendered? I would say we had no need of its use but will do shortly to replace the garage roof. I say we could have put the trellis to one side to get through if necessary but would like to install our own hingeing to ensure there is no ambivalence from now on...together with the hand rail being relocated...this being the real problem as a deliberately permanent obstruction. Am i making sense ?

I will answer tomorrow.
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Hi,

I'm finding it difficult to understand to be honest, attempting to visualise things in writing is not easy.

I would suggest that, at the minimum you take the plans to a local property solicitor for a consultation.

Tom
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