Understanding a Land Registry Title - Right of way?

[Raumer]

Hopefully I'm putting this query in the right place. We are in the process of a buying a house with about 5 acres. Looking on the title plan I'm not quite sure what one of the parts means.

In the property register section (section A) it has the first entry as the land edged in red being freehold. Then entries 2 and 3 are along the lines of:

"The land tinted pink on the title plan has the benefit of the rights granted by a Conveyance thereof and other land dated 11 November 1958 made between (1) Person A and (2) the current owner of the property"

Does this mean that Person A has a right of access or similar over the land? or is it something positive?

Thanks
Ed

 

[matthew]

It may be just a utilities easement, but you need a copy of the 1958 conveyance to be sure. Isn't it with the title deeds?
If not, land registry.

 

[TheTallGuy]

The wording is suggestive that the property comes with some benefit from land owned by Person A or their successor in title, but without sight of the 1958 conveyance it's impossible to say what that might be.

 

[Raumer]

Thanks, a benefit does fit with the wording but a bit odd as the land doesn't lead anywhere. I suppose it could be for access to the other side of the boundary hedge. Will update when we get the paperwork through.

 

[matthew]

Thanks, a benefit does fit with the wording but a bit odd as the land doesn't lead anywhere. I suppose it could be for access to the other side of the boundary hedge. Will update when we get the paperwork through.

We have one paddock which has an easement for the water company. The main sewer goes underneath it. That dates back to the 1950s too, and transfers to subsequent owners.

 

[Raumer]

We have one paddock which has an easement for the water company. The main sewer goes underneath it. That dates back to the 1950s too, and transfers to subsequent owners.

There is mention in part C of a wayleave for electricity lines and cables. Is your easement mentioned in part A?

 

[ISCO]

Person A has granted a right over other land in his then ownership for the benefit of the pink shaded land.
The conveyance should be available from the land registry to confirm what rights have been granted.
The right could be anything from a right of way for access to a basic right to enter adjoining land to repair fences or to use existing drains.
Definitely not a burden on the land though, burdens should be in Charges register.

 

[Doing it for the kids]

Ask a lawyer.

These are very common and some deeds are riddled with them.

Normally the old boy who sold it is long gone and it means nothing but devil is in the details

 

[matthew]

There is mention in part C of a wayleave for electricity lines and cables. Is your easement mentioned in part A?

Deeds with solicitor. Sorry, can't see that. But the wording is similar to what I remember with regard to SWW and the sewerage pipe.

 

[renewablejohn]

We have this in our deeds. We have 2 lanes upto the farm. The barn next door only has one but there is a similar clause that in an emergency the barn can come across our land and use our other lane. Only been used once since we have been here when the barn lane was blocked by a dumped car.

 

[Raumer]

Thanks everybody. That makes a lot of sense. Sounds like it is a benefit and may well be an access right. Definitely put my mind at ease. Will update with the actual details when we get the paperwork through from the solicitors.

 

[chipchap]

Could it be the location of your septic tank or soak away?

 

[Raumer]

Good thought on septic tank and soak away. But no septic tank as it is on mains drainage. Although it might have been on a septic tank before, the two bits are dated 1958 & 1959. Plus plenty of it's own land to put it on.

I'm thinking it's access to the other side of the boundary hedge & fence.