*Help!* Land registry - access of easement etc

[m321]

Hey all,

Just wanted some advice about buying a house.

The house (number 2) was built in 1830 as part of 5 in a terrace. The only way to access the house at the front and rear is via a drive on number 1's land. As the house has been left after the lady owning it died it was not registered with land registry.

Number 1's registry mentions that all houses have access via their land. Number 4 & 5 have a right of access in their land registry. Number 2 and 3 unforunately do not. It was mentioned in earlier title deeds but then has not been carried on.

As the lady who owned it has died there is no chance of managing to prove 20 years it has been used but the other houses all use the land from number 1 to enter their houses/access to park their car.

Does anyone have experience of something similar? The solicitors are being rather vague and saying it should be ok with land registry but they cannot guarantee.

Thanks for any advice offered!!!

If it's mentioned in at least the deeds of the servient land, then it should be ok, I would think, but if you're not happy with that it's up to the seller to solve the issue. I would imagine any prospective buyer would be just as wary.

Not a solicitor, but I'm an avid reader of Gardenlaw!

I would hope that land registry would take a common sense approach, and see that the right of way is contained in the servient land's title register and so agree to add it to ours. BUT...untill we do this aren't we buying a LANDLOCKED house?!??!?!??!?

You should trot over to Gardenlaw and ask this question, I think you'll be reassured. They always say that as long it's on a set of deeds, then it's a reality.

I really do hope you're right! We are just waiting for gardenlaw to verify our account and then we definitely will!

If your house is mentioned in the deeds of the servient land as a beneficiary it should be no problem getting it registered.

Sorry for the long post here but this is what it says in the title register for the servient land...

Property Register

2 The land has the benefit of the following rights granted by but is subject to the following rights reserved by the Conveyance dated 23 September 1839 referred to in the Charges Register:-

"Together with all outhouses buildings ways paths passages lights liberties easements wells waters watercourses particularly a right of water for domestic and culinary purposes from the well or spring
arising or flowing in the site of the dwellinghouse adjoining to the Dwellinghouse hereby conveyed on the North side threof such water to be taken from such well or spring by means of a pipe to communicate
therefrom into the said last mentioned Dwellinghouse and liberty of entering to repair and cleanse such well and to repair reinstate cleanse or renew such pipe whenever occasion shall require rights members and appurtenances whatsoever to the said piece of ground
inesuage hereditaments and premises intended to be hereby released belonging or in ampoise appertaining and particularly the right liberty and privilege of using the respective roads as now set out in front of at the back and at the north side of the said five dwelling now founing Nightmare Terrace aforesaid for all purposes in common with the owners and occupiers for the time being of the four other houses in Nightmare Terrace aforesaid reserving nevertheless out of the Conveyance hereby made a similar right and privilege to such owners and occupiers over the roads as now set out in front at the North side and at the back of the said Dwellinghouse and buildings hereby conveyed and also a right and privilege to use the drains now made in the said premises in commonwith the said Emily her heirs and assigns."

Charges Register

This register contains any charges and other matters
that affect the land.
1 A Conveyance of the land in this title dated 23 September 1839 made
between (1) Bob and Rob (2)
Chad and others (3) George (4) Tony
(5) Marge and (6) Emily contains the following covenants:-

"The said Emily for herself her heirs executors administrators and assigns doth hereby covenant and agree to and with the said Bob and Rob their heirs and assigns and also separately to and with the said Tony his heirs and assigns and like wise separately with the said Marge her heirs and assigns as such owners as aforesaid that the said Emily her heirs and assigns shall and will from time to time and at all times for ever hereafter at her and their own expense well and sufficiently repair cleanse maintain and uphold the several roads or ways now set out in the land hereby conveyed and also the drains in the same land and
permit the same to be used in manner aforesaid and shall not nor will use the said dwellinghouse hereby conveyed or any other building to be erected on the site thereof for any purpose than a private dwellinghouse and shall and will keep and preserve the Shrubbery Garden or pleasure ground in front of such Dwellinghouse at all times hereafter in good order and well stocked with shrubs."

It does say it somewhere in there....doesnt it? Albeit fleetingly.

It only needs to be on one set of deeds.

We bought a house and there was nothing on our deeds to say that our next door neighbour had right of way over our gatden. But it was on his deeds so the right of way (easement) existed. We had it removed, and it cost us £900 in legal fees so it is definitely true that it only needs to appear on one set of deeds.

@Movinghouseatlast

Did they agree for it to be removed from their deeds?

Yes, he agreed. Impossible without agreement, an easement really is set in stone. We paid
his legal fees too, and paid him.

Our situation is really a different way around to yours. It is our right of way which is stated in the Title Register for the house which we have the right of way over.

What we need to know is how likely are the Land Registry to agree to include whats contained in theirs on our Title Deeds.

Simplest solution is get the sellers to make the application to the Land Registry to have the right of way registered. If it's done properly it doesn't need to take forever.

The LR may amke an entry along the line of property no 2 purports to have a right of way over the driveway and you could look to get Indemnity Insurance although this has issues.

At the moment it's the sellers problem to sort. As soon as you complete it's your problem and not one I would be a happy to take a risk on.

As it is on one set of deeds, yes it can be out on the other deeds. There is no way that this easement is not legal is what I was trying to point out. It is.

It cannot be removed without the agreement of both parties. So it cannot be revoked by the neighbour if that's what you are worried about.