Meaning in simple terms? Property-related with drawing

[GoodQueenBess]

Could someone with legal nous make sense of this for me please?

"Together with full right and liberty for the Purchaser
successors in title his and their tenants and under-tenants and all of persons authorised by him or them (in common with all other persons having a like right) at all times hereafter on foot only to pass and repass along such part of the passageway coloured blue on the said plan as may be necessary for the purpose of obtaining access to the rear of the premises hereby conveyed the Purchaser and his successors in title paying a proportionate part of the expense of keeping such passageway in repair And Together with the right for the Purchaser and his successors in title (in common as aforesaid) to run water and soil in and through the sewer in the position shown by a blue line on the said plan for the purpose of the running of water and soil from the premsies hereby conveyed to the public sewer in and the like right to carry water supply under or through the adjoining properties known as Numbers aforesaid in the position shown by a red
line on the said plan the Purchaser and his successors in title bearing a proportionate cost of the expense of cleansing repairing and maintaining the said sever and drain Except and Reserving to the Vendors and their successors in title or other the owner or owners occupier or occupiers of the premises adjoining the p thereof known as Number [redacted] premises hereby conveyed on the South West aforesaid their tenants
under-tenants and servants and all other persons authorised by him or then at all times hereafter but on foot only to pass and repass along such part of the passageway coloured brown on the said plan as may be necessary for then to pass over for the purpose of obtaining access to
the rear of the said adjoining premises Number [redacted]
aforesaid
and the right for the Vendors and their successors in title or other the owner or owners occupier or occupiers of the said adjoining premises
known as Numbers [redacted]
aforesaid to use the said
drain shown coloured red on the said plan running in under or through the
premises hereby conveyed."

So as not to drip-feed, it's my property, I've lived here 20 yrs. NDN has not walked across my garden without my permission during that time. He now says he has access at all times.

Do you have the actual plan drawing?

You need the original plan with the coloured passageway and blue line for anyone to be able to comment. Have you downloaded your own deeds from the land registry?

NDN has an extension so could not access where the path in the plan is.

I knew someone that bought a house on the end (row of four) with him being on the right as you are. The neighbour next to him had a garden gate that opened into his garden that the neighbour could walk through the garden past the kitchen window and living room at the back of the house, open his garden gate and walk down his drive.

It was originally a right of way for the delivery of coal but that was no longer applicable and used only for taking rubbish bins out.

Then that neighbour moved and the young couple used it all the time to come and go and sometimes left his gate open. The real trouble started when they had an extension, landscaping gardeners, a patio and summer house built and all the tradespeople traipsing into his garden.

As far as I know he got nowhere trying to fight it legally as it was right of way.

Sounds like the two properties have access rights via your garden but you can charge them a proportionate amount of the expenses of maintaining that access eg gate, path, lock with code

If he’s built over the right of way , you are not obliged to move the access gate on his property but to legally remove it won’t come cheap

That first picture looks identical to one posted on an identical thread earlier today. Was that you as well? What advice did you get on that thread about this?

@Mareleine , the thread got deleted because there was identifying information.

Basically, I want to know what the transcription means.
The NDN can't access the path shown in the plans, as their extension is there.

Green rectangle is NDN's extension. It is over the sewage pipe.

I suppose you should be able to insist that the gate way in the fence has to remain where the original ROW is which means they won’t be able to use it unless they have an inwards opening door in their extension matching the ROW.

Do you have legal cover with your home insurance as you need to find out what the law says and if they cannot move the access point then paying for a letter from a solicitor to demonstrate that could be worth it.

He would only have the right to access in direct relation to the sewerage pipes, not to access his property via the original gateway - well he could open the gate and not get anywhere. He doesn’t have the right to walkover another part of your garden.

He's right, he does and so does the neighbour on the other side of the extension. That's what the transcript means: they can use the path for access on foot only. It also states the other houses can have their water and sewage pipes join to the ones on your land. When the extension was built then steps should have been taken to re-route the path and the extension should not have been built right up to the boundary, i.e. the footpath should have been re-routed at the back of the extension and joining the original path on his land.

It would be sensible if all three of you could agree to re-route the path to the back of the gardens as then it's not like anyone is walking close to your houses although the impact for you would be more path on your land. I could well understand you not wanting to do that.

As said above, he has rights of access; but only where is shown on his plan.
Is the plan shown OPs plan or NDNs plan?

He cannot change his access rights on the fly just because he feels like it or because he built an extension.

The plans should have been upated when the extension was built - but would have required your consent as the owner of the land. If they weren’t then was the extension even built according to planning regulations etc.?

It sounds like he has deprived himself and his other neighbours of being able to access the gated passageway. His fault. You did not have to agree to the changing of his access and have done nothing wrong. He’s shot himself in the foot.

"It sounds like he has deprived himself and his other neighbours of being able to access the gated passageway. His fault. You did not have to agree to the changing of his access and have done nothing wrong. He’s shot himself in the foot."

I very much agree with this,

Your NDN has the right to pass along the route shown on the plan, but nowhere else.

If they have now built a brick wall where once they used to be able to access their back garden then that is their tough luck.

It is up to them to build a doorway in their wall that matches the location shown on the plan.

You are not required to permit them access across any other part of your property.

@TisILeClair , that's NDN. I'm in the end-of-terrace.

I have no intention of re-routing the path. I don't want NDN or ND+1 traipsing through my garden as they please. If they needed access, for example to their extension outside wall, then I'd agree to letting them access in my presence.

A few years ago, NDN asked me to remove my hedge. It wasn't my hedge, it was theirs. Then one Sunday I went out and when I came back, the hedge had gone (including some of my plants).

They are CF. Mrs NDN gave instructions to some gardeners to cut shrubs in my garden. That was about 10 or 11 months ago. She has also been critical of my messy garden (it is but mainly because I was pissed off with them over them removing the hedge and demanding I replace it. She was also complaining about my pets. Their garden is full of weeds, which they mow every now and then, and probably put the clippings in their wheelie bin. Theor weeds include japanese knotweed.

They have no concept of asking in advance. Yesterday, they demanded I move my car for a delivery, and they were going to carry big fence panels through my garden. I moved my car, moved my bins, but they carried fence panels, concrete gravel boards and concrete through their house.

Thanks for the replies BTW. I live alone and it's helped.

How do I get a copy of the deeds?
I found this online, but it's a form that you print and send off with a cheque.
HM Land Registry address for applications - GOV.UK

Can I do it online? (I don't have a printer or a cheque book)

Yes, you can do it online, the link is here:

https://www.gov.uk/search-property-information-land-registry

Near the bottom of the page is a big green button that says "Start now".

To actually order a copy of the deeds you will need to create a free account (just your email address and a password) when it gets to actually paying for anything.

Thanks, but are those the deeds?
Or is the register or the plan enough?

To be sure it is best to buy ownership title register and the plan but now ist is 7 for each not £3 is it getting expensive. Huge recent increase in price.
Many son's terrace has similar - metal gates near back of each house and right to go down by the back of each person's kitchen window to get out. However neighbour has had huge high fence up and no one uses the rights - does not mean she should have put up the fence there but I can understand why.

The title register and plan online (the title documents) replace the deeds which would have been a pack of papers showing ownership and transfers over the years. All registered property has title documents available online.

If you didn't want people traipsing across your garden then you shouldn't have bought that house because it looks very much as though they have the right to use the path through your garden.

In this case, it is likely that you might need both. The register will have wording that describes what easements exist over your property.

The plan will show where that easement is.

But it looks as though you already have the plan and details of the easement already.

Is there something else that you are looking for?

NDN had access to the original pathway, so does his NDN across his land and yours. So it looks to me like he has blocked the path on his property by building the extension, so your NDN cannot access the path, and HIS ndn cannot access either pathway. Sorry to sound so confusing but I think you might get it.

As a pp said, unless he has an inward facing door on his extension (since he built up to the boundary, then he has no access at present. HIS ndn is snookered also.

Any word from no.3?

You appear to be getting the information needed for this issue. As a matter of interest how does NDN propose to enter the path?

If, in the end the right of way has to be reinstated, I'd suggest routing the path across the back of your gardens. But would that mean another path up the side of your house?

Wishing you well. I'd absolutely hate this set up (sorry). I'm in an older terraced house that has rear access to a vehicular laneway at the bottom of the garden so all's good that way.

@zenae You appear to be getting the information needed for this issue. As a matter of interest how does NDN propose to enter the path?
I think the fence will have a door, next to the extension. They would need to walk across my patio to get to the path.

I've not spoken to NDN+1. I think they might have a door the other side. (NDN+1 are a couple with DC. She's nice, not sure about him.

I think I will report the damage to my plants with the police, not for the police to follow-up on but just in case this all escalates.

They also moved things in my garden.

I'm tempted to erect a fence across where NDN's fence door is going.

@Another2Cats , So I need the plan and the register or the deeds and the register?
(Mrs NDN hates my cats and I think she's the one behind this.)

They can’t block off their access point (the route of which is strictly defined) and then insist that you agree an alternate route. Erect a stout fence along the boundary. Lock your gate so that they cannot access your garden then write to all neighbours with access rights to tell them that you will reinstate access just as soon as NDN removes their extension.