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Meaning in simple terms? Property-related with drawing

61 replies

GoodQueenBess · 01/06/2025 13:06

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.

Meaning in simple terms? Property-related with drawing
Meaning in simple terms? Property-related with drawing
OP posts:
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KnickerFolder · 20/06/2025 11:50

They can just as easily drag away the wooden items you dragged in place. I would be planting a mature spiky shrub there. If they cut it or dig it up, it is criminal damage. If they move the wooden items without causing any damage, the police will say it’s a civil matter.

I would stop dragging my heels and send a solicitor’s letter telling them that they only have a right to use the path marked in the deeds and they have blocked it with their extension and you don’t consent to moving the easement, remind them that their fence must be on their land (you said it appears to be on their your land), and inform that they must report the Japanese knotweed to the council and arrange for specialist removal. Unfortunately, £400 an hour for a solicitor sounds about right 🫤 In the long run, it might save a lot of money to spend money on a solicitor’s letter now rather than trying to fight it after the fence is built, not to mention the cost of dealing with Japanese knotweed if it gets into your garden and the effect on the value and saleability of your property…

GoodQueenBess · 20/06/2025 13:35

@KnickerFolder They can just as easily drag away the wooden items you dragged in place.
Not without trespassing. That's a civil matter too.

It would be very difficult to prove whether the fence is on my property. I can let that go.

I don't have Japanese knotweed,and will sue if it spreads. But good point about reporting it to the council. They've cut it down and applied weedkiller, I think, but it will probably be back.

The kid photographing my garden upset me. It felt like intimidation (I can't film a kid etc)

OP posts:
KnickerFolder · 20/06/2025 14:50

That was kind of my point, @GoodQueenBess. Moving the wooden things (if it causes no damage) and trespassing are civil matters. Cutting down a spiky plant in your garden is criminal damage, ie a criminal offence.

I hope that they disposed of the knotweed correctly. It can survive burning and you can’t just throw it in the garden waste or rubbish bin…

www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading#if-you-have-knotweed-on-your-land-or-property

dogcatkitten · 20/06/2025 15:02

GoodQueenBess · 02/06/2025 15:13

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

Just the land registry records, proof of ownership and things like rights of way. If you don't have the deeds your solicitor for the purchase may have, but I don't think they are necessary any more it's the land registry details that are the legal document. Unless it is so long ago when you bought that it wasn't registered yet and there are only deeds, but I doubt that would be the case.

I agree with others they have a right of access across your land to get to the rear of their property, it always seems to be a problem. A bit late but did your solicitor tell you about it when you bought.

If you are having problems talk to a solicitor, they may have waived their rights if they haven't used it for a long time, and have effectively blocked the specified route themselves.

Edit: I would think they would be trespassing if they don't follow the designated path shown on the plan, which they can't if they have blocked it. Mark the route of the path up to the wall of their extension? That is the only bit they can walk on, I would think.

MinnieMountain · 20/06/2025 15:50

That case you’ve posted is to do with boundaries not easements @Xenia . Why the heck would OP go through all the faff of varying the easement anyway, given how the neighbours have been?

Icanttakethisanymore · 20/06/2025 16:05

Out of interest, does their right of way remain even if they can't access their property via it? Can they walk backwards and forwards across OP's garden up to the boundary (where the extension is now built) or is the right of way contingent upon it being used to access their property (which they now can't via the prescribed route)?

GoodQueenBess · 20/06/2025 16:09

In what way, @MinnieMountain ?

Isn't it both?

OP posts:
GoodQueenBess · 20/06/2025 16:11

@Icanttakethisanymore , they can walk up and down the path marked on the deeds.

As can 'ND+1' and 'ND+2'.

OP posts:
KnickerFolder · 20/06/2025 16:30

GoodQueenBess · 20/06/2025 16:11

@Icanttakethisanymore , they can walk up and down the path marked on the deeds.

As can 'ND+1' and 'ND+2'.

Edited

They only have the right to walk up and down the marked path “FOR THE PURPOSE OF ACCESSING THEIR PROPERTY’. If they have blocked the access to their property they don’t have the right to walk up and down the path for any other reason or take a different route 🤷‍♀️

Collaborate · 20/06/2025 16:50

KnickerFolder · 20/06/2025 16:30

They only have the right to walk up and down the marked path “FOR THE PURPOSE OF ACCESSING THEIR PROPERTY’. If they have blocked the access to their property they don’t have the right to walk up and down the path for any other reason or take a different route 🤷‍♀️

This is correct.

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