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Ask Claire D Your Own Question
Claire D
Claire D, Property Solicitor
Category: UK Property Law
Satisfied Customers: 3090
Experience:  BSC (hons) 14 years experience in property
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registering the burden over unregd land

Customer Question

registering the burden over unreg'd land
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Claire D replied 4 years ago.

Claire D : Hello and welcome. If you have any questions following my answer, please let me know and I will be happy to assist further.
Claire D : can you explain what burden you are referring to please?
Customer: replied 4 years ago.

hello claire ...I'm sorry I missed the chat but thanks for getting back to me.

The issue concerns a small parcel of land behind my property and adjacent to my neighbour who has spread out her lawn into the area ...considered by me to be the maintainence area as it is directly behind our garages on two levels....the lower level giving access to my garage wall for the provision of cables and a hose pipe into the garage...the higher to give me access to the garage roof for the purposes of inspection, as well as clearing debris (the cause of damage to other rooves in the past), repairs, general maintainence and in due course complete replacement of my now storm damaged garage roof.


A dispute has arisen over access to this area - blocked by my neighbour. I feel my best remedy is to register my interest as a burden over the unregistered lot,as I have the benefit of an easement (expressed in general terms) in my friend's former lease (I am his tenant enjoying exclusive possession of the property in his ownership. As proprietor his interest has been upgraded from lease to freehold - incorporating the terms of the former lease) and/or to make an application for my neighbours obstructions to be removed. Can both these be done in one fell swoop? Would you send me a copy of or a link to the appropriate form and can this application only be made by the Freeholder (ie registration of the burden) whilst I could apply for enforcement? Is that it?

The neighbours want the freeholder to address this dispute with them instead of me as it has become contentious and they believe they can get round him as a 'nice guy'. I think they may be surprised to find that he would assert his legal interest more strongly (whereas I am inclined to try to find a way to 'share the plot', with fencing which expresses a recognised joint interest). The owner on the other hand would propose to make use of it in such a way that to preserve their privacy they would need to re-fence their exclusive areas if they would like privacy.

Expert:  Claire D replied 4 years ago.
Sorry I will have to opt out of this so another expert can help as I am not certain of the procedure.
Expert:  Wendy-Mod replied 4 years ago.

I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I was checking to see if you had already found your answer or if you still needing assistance from another one of the professionals?

Please let me know if you wish to continue waiting or if you would like for us to close your question.

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Thank you,
Customer: replied 4 years ago.

please would you put this to josh.

I think I directed it to him but claire must have picked it up as i had no objection. sorry she couldn't help but i believe this is josh's area.


Expert:  Wendy-Mod replied 4 years ago.

I sent Josh a message letting him know you are looking for his help. He should be with you next time he's online.

Thank you for your patience.

Customer: replied 4 years ago.

Thank you Wendy.



Customer: replied 4 years ago.

I shall look forward to a response from Josh

Expert:  Wendy-Mod replied 4 years ago.
Thank you for your patience. I'm not sure when he'll be online again.