rights of access - whos deeds / title should they be on

[Hesstondriver]

in the case of : persons of property X have a right of access over land Y

would this be stated on the title of land Y (eg the owner of Y must grant access blah blah)

or would it be on the title of land X (the owner of land X have a right of access over land Y)?

if it was the latter how would you (owner of Y) know who has a right of access over your land ?

your thoughts appreciated …...

Hesston

 

[chaffcutter]

Fair chance that its not on the Land Registry details at all, none of ours are except where we have given one up in exchange for something else or an alternative route.

I suppose they might be on the original deeds if you could get your hands on them.

 

[Still Farming]

Local Authorities footpath/bridal ways registers also?
LR and any deed of easements.

 

[Nearly]

Both.

LR documents will refer back to previous version, and back and back until original agreement found.
Lazy gets.

 

[Slippery Slope]

Usually on the deeds of both. Similar issue here. We have access over a neighbouring property which they have tried to cause problems with by putting in a gateway and fancy stone chippings. My concern is that as the property changes hands these sort of details get lost. I make a point of using the track from time to time just in case the deeds are ever contested.

 

[Hesstondriver]

Fair chance that its not on the Land Registry details at all, none of ours are except where we have given one up in exchange for something else or an alternative route.

I suppose they might be on the original deeds if you could get your hands on them.

in this case the right of access has been granted relatively recently,

so where / how would one prove that theses rights actually exist?, I have a funny feeling someone is trying to pull a fast one !!

 

[chaffcutter]

In that case if it is a legal RoW it must have the paperwork to say so and should be recorded with the LR, a solicitor will be able to access this for a small fee iirc,

 

[Hesstondriver]

In that case if it is a legal RoW it must have the paperwork to say so and should be recorded with the LR, a solicitor will be able to access this for a small fee iirc,

thanks that's what I thought, ive trued a few searches myself, now to make an expensive phone call (cheap in the long run !)

 

[Nearly]

thanks that's what I thought, ive trued a few searches myself, now to make an expensive phone call (cheap in the long run !)

Have you navigated the LR website? It's not user friendly but it works.

 

[ISCO]

Benefit of right should be on deeds to land x.
Burden should be on deeds of land y.
If granted recently registration is compulsory with land registry.

 

[chaffcutter]

Can you look up the LR records and pay on line? Thought only legal could access it?

 

[Boohoo]

You don't have to be a solicitor to do a land registry search. I've never tried online but I've been to the land registry offices in Belfast many times. It's around £20 to perform a search and get a copy of the maps. Rights of way are shaded on the maps and are listed as applying to another piece of land rather than to a person. Another search by folio number should reveal who has right of way.

 

[Nearly]

Can you look up the LR records and pay on line? Thought only legal could access it?

You need to register, which is free and then £3 per deed and £3 per map.
I have all of ours and a few of the neighbours.

It helps to solve disputes when you quote their deeds back at them or show them their map.

Legals can access more info but you can save £100's of their time by getting the current documents yourself.
Once you have the current documents they will have the previous document number and you should be able to access that etc.

These companies that do searches for you are just parasites.

I can search for you for a medium sized fee.

 

[Boohoo]

Maybe not that relevant to this thread, but while it's in my head...
Land registry are going all digital with their maps and they seem to be short on acres in some places so if you've any awkward neighbours it would be worth checking the maps. The last maps I got showed our boundary down the centre of our lane, meaning it's a shared lane. When I checked our old, hand drawn maps it's clear that the boundary is down the side of the lane meaning that we own it. Took a solicitor to sort that out.

 

[Still Farming]

in this case the right of access has been granted relatively recently,

so where / how would one prove that theses rights actually exist?, I have a funny feeling someone is trying to pull a fast one !!

Who is access issues with.
Public footpaths
Bridal ways.
Utilities etc.
Neighbours/ lane/ track access.
Has bit been bought or sold recently.
Bigger picture needed.

 

[Hesstondriver]

You don't have to be a solicitor to do a land registry search. I've never tried online but I've been to the land registry offices in Belfast many times. It's around £20 to perform a search and get a copy of the maps. Rights of way are shaded on the maps and are listed as applying to another piece of land rather than to a person. Another search by folio number should reveal who has right of way.

ive done this , its easy and cheap - cost me £3

but this didn't mention anything - hence the question ,

to add a little more @Still Farming

it is simply a case a person says they have a right of access across a field.

further investigation and a little professional help has revealed that it is permission granted by a previous owner. the key is 'permission' not 'easement'. and it was done less than 20 years ago.

so it might take a few letters but can be sorted shall we say

 

[renewablejohn]

ive done this , its easy and cheap - cost me £3

but this didn't mention anything - hence the question ,

to add a little more @Still Farming

it is simply a case a person says they have a right of access across a field.

further investigation and a little professional help has revealed that it is permission granted by a previous owner. the key is 'permission' not 'easement'. and it was done less than 20 years ago.

so it might take a few letters but can be sorted shall we say

Just be careful some rights only have to be established 10 years. I have one that falls into this category but fortunately raised it just in time although dispute still not resolved.