They claim there access over my land, not on my title plan

[custard01]

We have been approached by people buying a property near ours. They claim they have access to theirs through our boundary wall which has always been there and over our land. It has never ever been accessed this way previously.

I have checked our title plan and there is no access routes on there, just a solid boundary line all away around. But their title deeds show a dotted line through ours and straight through our garden wall.

Why would this not show on our title plan? They seem adament that they are going to be knocking our wall and edge down and driving over our land, so what do I need to do and how can I find out exactly what is what please?

Do you have house insurance with legal cover? If so, get onto them first thing and put it in the hands of the professionals.

You need the assistance of a solicitor immediately before this goes any further.

Definitely talk to a solicitor asap.

Also vehicular access and access on foot are two different things. They may have access on foot from many moons ago, doesn’t mean they can bring a car down.

Why do they want to access it this way? How do the current owners access the property?

Agree you need the advice of a professional.

You might want to post this in Legal Matters too.

Thanks everyone. I've posted in legal too and planning to contact my solicitor we used to buy the property today.

How stressful, how long have you owned the house and the wall been in place?

www.land-search-online.co.uk/information/rights-of-way-over-neighbours-land/

Have a look at this link, you may find it helpful.

Fucking hell thats a way to approach a new neighbour!!! I would be very wary OP as they sound like the kind of people who will do what the hell they like.

If they are in the process of buying, it might be worth having a word with the Estate Agent and with the current owner, as well as getting your legal advice.

As they're in the process of buying rather than already have bought it they may well be "flying a kite": running it past you to see if you're stupid enough to just roll over without a fight. Obviously contact your solicitor, but also make it quite clear to them via the estate agents that because it's not on your deeds, you would be prepared for a protracted battle involving a specialist solicitor.

They may well decide it's not worth the effort and buy somewhere else.

I would make absolutely certain that this house didn’t, formerly, have a right of way over your property. Did a previous owner of your house build the wall over this right of way because it wasn’t used? Is there a covenant on your land saying the other house can cross your land for access? I’m playing Devils Advocate but every possible angle needs to be investigated and plans are not the only indicator of a right of way. See your solicitor immediately.

Yup another vote for getting legal advice. Although (not an expert) I thought if an easement was not used for a long time ( decades) it was considered given up by the dominant party. Good luck op.

Have you seen the register and well as the title plan for their title? Without knowing what the register says, it's hard to be definitive though it sounds like a try-on (and they sound like a nightmare). Feel free to pm me with a pdf of the other title if you'd like and I'm happy to have a quick look.

We had something similar. Row of 6 houses and deeds all saying different things.

Took forever to sort but sorted it before we sold, cost us ££££ to sort it all out, we needed letters from all the neighbours.

Speak to a solicitor asap.

Have you any update OP?

I can only second speaking to a professional and also checking if you have legal cover with your household insurance.

Just a thought, sometimes drains are shown as a dotted line on a plan, but it’s a whole debate as to why an owner of your property would grant an access, unless of course they owned both properties at the time and, why the other plan would be amended, but no reference on yours.

If you just want to chat it over more fully so you can keep solicitor’s costs down, join this forum
www.gardenlaw.co.uk/phpBB2/index.php

access over land in your deeds it will be stated & your solicitor should have found it - also according to below they have to prove they have used it over 25 years

www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/access-rights-when-buying-property/

A title plan in itself will tell you nothing. You need to see the deeds and read through the covenants to see what it is referring to. It could simply be that their drainage runs over your land. If the right of way is not within you covenants then the chances are it no longer exists. Our property has an easement which can be terminated for instance, other properties are split in two and on new title deeds,

Your first step should be to obtain the deeds from the registry office - you can download them for about £3.

In the unlikely event that they are correct then your best bet is to approach the current homeowner. The will not want a boundary dispute when then are trying to sell. Offer to pay for the stat dec stating that you have had uninterrupted enjoyment of the land for x years etc. This will cost about £150 and can be done by their conveyancer.