Neighbours access rights and non disclosure by previous owner!

[Pitwoman]

Previous owner didn’t disclose a dispute and missing conveyance from our deeds! 😩😩
Bought a end of terrace house with a parking space. After a few renovations...removal of a shed to create a courtyard garden and new bathroom, neighbours came around saying he had ‘washing rights’ and we couldn’t park our car on our driveway. It turns out that their was a conveyance missing off our deeds that were attached to neighbours. We instructed solicitors to resolve and found that the conveyance has to go on our deeds. We then tried to address a resolution with them about us having parking and then using area for washing but he won’t be resasonable about it and keeps hanging a washing line across my driveway...he’s never used it as his house is filthy! We found out during that process that he had been having the same issue with the previous vendor. Our solicitor wrote to them asking them to agree our reasonable terms, (there access apparently can not stop our enjoyment of the land) and ended the letter by saying if you don’t reply we will assume your agreeable. 18mthd later we put up a For Sale sign as this has been so distressing in a day to day basis, and they write to the Edtate Agents saying we are in dispute and please pass this on to the potential vendors! As such no sale....not sure if it is linked but still. Even tried to part ex but property older than 1930’s. Can anyone help me here. I am reasonable and understand they have rights but also to take previous owner to court will cost £20,000 and it’s such a simple resolution. 😩

Given the right is to dry clothes, have you ever seen any actual clothes on the line?
Can you get in touch with the previous owner to ask if they ever saw any clothes drying on the line either?
If it's been quite some time you could argue that the right has lapsed due to the neighbour not actually exercising the right to dry clothes.
It's not a right to leave clothes drying apparatus in your garden.

I'm not a betting man, but I wouldn't be in the least bit surprised to see the name of the local council being mentioned somewhere in those register entries. I would also not be surprised to find out that your neighbour is a retired engineer. (I'll explain either if I'm correct).

Your neighbour bought a property at a time when there was no covenant giving him the right to dry his clothes on your property. He's now paid off his mortgage and has received his "deeds" on parchment and paper and decided to read through them. He's noticed that many years ago that right was mentioned and he's assuming that nothing was done to affect that right since it orginally existed.

Your property does not contain an entry in the register that obliges you to permit your neighbour to dry his clothes and his registry entry does not include the right to dry his clothes on your property.

I would write a nice letter to him. I would enclose a copy of the registry entries for both properties from the time when he bought and you bought. I would explain, in nice term of phrase, that it appears that the covenant was not transferred to either property by the land registry and that you are not bound by it. If he feels that it should have been then he should contact the land registry and make a claim for compensation from them, but that as far as you are concerned he has no right to enter your property and that he should find alternative means of drying his clothes but that you will no longer permit him unauthorised access/use.

Tomkinz - the problem with that (sorry to make you lose your bet ) is that OP was advised to accept it and has now put the right on her deeds.

That needs to be unpicked before she can do as you suggest - which is exactly what I would have suggested, had it not been for the agreement to put it on OP's title. That sounds to me as if there is more to the papers than we know, or as if the solicitor who gave that advice was unaware of the argument and so caved!

beepthemeep - As a firm supporter of the cock up theory of history, I still reckon I'm right (insert wink - I must find out how to insert them). The guy's retired and decided to "assert his rights" after doing some reading coupled with a lot of misunderstanding.

It sounds like the solicitor didn't get a copy of the register for the neighbour before suggesting the solution and that has now made things much more complicated.

From memory I think this is going to get very, very messy if that register entry has been made. This is like Chancel repairs, but in reverse.

@Tomkinz @beepthemeep Hi both! The conveyance was added to the neighbours in August 2002! Coincidentally, the year that the previous owner, whom we bought from, purchased the property.
As of today, we have lost a sale due to his inconsiderate use of the clothes airer by putting off the potential buyer.
I am stressed beyond belief at his pettiness. I really don’t know how to proceed. Solicitor-lost faith in a few, LR for compensation, or a home buying service at a loss of 85%.
Does anyone want to take it on, a no win no fee basis or a fixed price? 😪

sorry loss of 15%!

When was it added to yours?

Your solicitor really wrote to say "if you don’t reply we will assume your agreeable"? I'd ditch the solicitor, how can you take a professional seriously who doesn't know basic grammar?

@Tomkinz 18mths ago. But it’s only now

That he decides to exercise those rights.

There is a fantastic forum where you can ask for advice. Many knowledgeable and experienced members. It's called Garden Law UK or similar.

It said for drying clothes. An empty line or airer is not drying clothes. It does not mention the equipment for drying clothes nor does it mention the right to leave said equipment on your land. Surely this is littering? If he wants to play by the book, spend £20 on a camera to film over your drive. This will prove that no clothes are being dried and he is littering your land with unused items.

How about this:

"Dear neighbour

Regarding the right for you to dry clothes on my property - I am willing to concede this right.

However please note:
The wording in the deeds make no mention of the right to dry laundry other than clothes on my property so this right does not extend to the drying of towels, bedlinen or any other fabric that is not clothing.
The wording in the deeds make no mention of the right to store any clothes-drying equipment not currently in active use for drying clothes, or to leave dry clothes on my property.
Also given that your clothes can only be on my property for the express purposes of drying, there is no right for your clothes to be on my property on any rainy day.

I have the right to enjoyment of my property and may charge as I see fit for access to and usage of my property for any purpose not covered by the right in the deeds.

My prices are as follows:
To keep a washing line or clothes airer on my property when not in use for drying clothes: £50 per day if placed so as not to disrupt my use of my parking space. £200 per day if placed so as to disrupt my use of my parking space.
To keep dry clothes on my property after they are dry: £10 per item per day or part thereof.
To keep clothes on my property when drying is not possible ie when it is raining: £10 per item or part thereof.
To dry items of laundry other than clothes, eg Towels £10 per item per day or part thereof.

These prices shall be clearly displayed in the area in front of my house and you are welcome to choose to use any of these additional services offered.

You will be invoiced weekly for any such serviced used, payment to be made to (add your account details) within 30 days of invoice.

If you fail to pay I shall have legitimate right to retain possession of any of your clothes or clothes drying equipment to sell in order to recoup the unpaid debt. Unpaid debts may further be pursued through the courts."

Nb I am not a legal expert. I have no idea if this would be enforceable.

If it should have been registered and wasn't, the fault lies with whomever was due to register it. That may well mean the OP isn't bound by it, see the article I posted above. If the neighbour then wants to pursue whomever should have registered his lost right, that's up to him.

That's how I see it. The neighbour sounds like a complete arse though.

What an absolute pita your NDN is being. Definitely has too much time on his hands doesn’t he.

I can't believe someone else has the right to use your driveway over you. And to dry clothes! So weird.

Do I need planning permission to put up garage on my parking space?
Been on the portal but doesn’t mention Drying rights!
Might that solve the problem?

You need planning permission to build anything that is closer to the road than the front edge of the existing building so we would need a diagram.

If you apply for planning permission your neighbour will be notified and obviously object.

You could put his rotary dryer on your garage roof! Provide him with some rickety ladders

If you can meet these requirements when building a garage you don't need planning permission

Hi OP. How are you getting on with the house sale? Have a hints settled down with NDN?

**things

Honestly I'd be tempted to just keep removing his stuff and putting it on his property and let him take you to court if he's that bothered. He sounds dreadful!

@Pitwoman how did this all turn out in the end?