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Defend an application register easement

8 replies

Piercy · 23/09/2017 19:14

Hello

We moved into our house in July 2016.

Come home from work today to a letter from the land registry to a B13 Notice of an application to register easements or other rights.

Next door wants access across our land basically in short so he can dump logs for his wood burner on our land. He claims he has been doing this since 1986 tp 2017, this can't be true as we moved in July 2016 and we have not allowed him access. In fact told him to stay off our land and reported it to the police.

He has not provided evidence such as delivery notes or invoices to prove delivery of logs during this time.

We have until 13th October to object with facts and or the legal reason why what is being claime would not give the applicant interest claimed in the property.

He does have a small alley in which he can access his logs on his side of the land it is just easier to do it via our driveway - we have not put up fencing and gates to make our property more secure as you could access from front to back before we moved in.

Nothing on the deeds or came up in the searches nothing declared by previous owners. Nothing obvious that he came across the land and we have reported him to the police earlier this year for trespass and told him he is not welcome to walk across our land.

I do have a solicitor via my home insurance and will be contacting them on Monday but if I can gather any information prior to Monday it would be helpful.

Many thanks

OP posts:
prh47bridge · 23/09/2017 19:31

You will register an objection. That will stop the Land Registry proceeding. He then has three options:

  • give up
  • negotiate with you
  • refer the dispute to tribunal
Piercy · 23/09/2017 19:52

Under what grounds do we object that are legal and not emotive?

OP posts:
prh47bridge · 23/09/2017 23:37

His claim to have been using the land continuously from 1986 to the present is false. He is trying to register rights that do not exist.

Piercy · 24/09/2017 00:43

Can I ask how it is false? Sorry need all the help n explanations we can get- thank you

OP posts:
prh47bridge · 24/09/2017 08:26

You've told us it is false in your OP. You say you have not allowed him access since July 2016.

LeninaCrowne · 24/09/2017 09:02

Not a lawyer, but can you find out which law (statutory instrument) refers to notice B13 and see what it says.

Also do any property lawyers know if you can register with any authority to so that no one else has a right of way or can establish one across your land?

LeninaCrowne · 24/09/2017 15:41

from land registry

fucksakefay · 24/09/2017 20:54

This reply has been deleted

Message withdrawn at poster's request.

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