house built over my right of way

[hagar811234]

Hi, i own a private road that leads to some industrial units . A house runs along the side of the private road,the house did belong to the person i bought the road of at one time. The house has been put up for sale, i have checked my title deeds and they show the right of way for the private road i own runs through the garden,kitchen ,bathroom ,hall,livingroom and front parking area of the house up to the main highway.The right of way runs through a 9 feet slice of the entire property and land. Will this affect the sale of the property,can i stop some one putting a fence on the right of way, the right of way is not shown on the house title deeds but it is shown on six sets of my title deeds and do i have a legal right of way through the property? The property deeds also have a covenant that says no house shall be built within 9 feet of the private road,this puts the house 16 feet in the wrong place.The house was built in 1995.

[paraffin]

Have you considered contacting your local Citizens Advice Bureau for free advice? You could sit down with them and explain everything in detail?

[buildersmate]

I find your explanation somewhat confusing. A private right of way can exist over a piece of land you do NOT own; it is typically associated with a nearby piece of land that one DOES own and entitles the landowner to use the piece of land one doesn't own to get across the land.
If you are saying you own this land, and can demonstrate it, of course you have a right over it - you own it!
If someone has built a house on a piece of land you own, someone is going to be in deep doo-doo..
You then go on to talk about 6 sets of title deeds (meaning what, precisely? - one set is more than adequate - preferably the set at the Land Registry. Indeed is this land registered to you at the LR? You then talk about covenants - is this a convenant on the land you own? - or on the plot of land where the house was built?
Explain yourself more clearly and one of us will be able to advise further.

[Nosha123]

Did you buy a road from someone without checking and legallities like rights of way?
I'm not sure I understand the question. Can you explain more clearly please??
When did you buy the road - post 95 so the house was already there (allegedly in the wrong place). WHo owns the covenants and who is responsible for enforcing them?

[Strauss]

If I have read your question correctly, you have a private road that you say is in the wrong place. It may be that the right of way has been diverted onto the route of your road, but you should have been involved in the procedure. It needs to be sorted out in case there is a future problem involving your road, and logically you should ensure that the right of way is on your road. You can take action yourself, but I would suggest that you see a lawyer.

[hagar811234]

Hi,again
i own the private road,i also own the 6 industrial units that leads to them,the road and the units all have seperate title deeds.The right of way over the road from the units is 9 feet wider than the freehold,6 feet of the house is built on this right of way.All the title deeds have very clear measurements showing the width of the right of way.I have plans of the road going back to 1912 and ariel photos from 1950,1960,and1970s.The house is 100% over the right of way.If i am correct please tell me how this affects me,and the sale of the other property,can i register this with the land registry,thanks

[buildersmate]

Now we are getting somewhere.
I will reply this back for clarity. You own the road. The title register for the road provides for an easement over the adjacent land - a strip 9 feet wide running parallel to the road you own. You have granted an access to the occupants of the industrial units down the road - which are presumably leasehold. The owner of the land has built a house on part of the land shown in your title register as being on the line of the land where the easement exists.
Very messy and one wonders why you didn't question it at the time in 1995. Now the stakes are higher - much higher.
Suggest we work from the end game backwards. What are you after? - money in exchange for releasing the easement?

[hagar811234]

Money is not the point,i want to protect the access to my site.I was also interested in buying the property my self,but i think another neighbour also has a right of way through the property but thier title deeds are not registered with the land registery,this is another reason i want to know the problems a right of way running partly through the property will cause.I also only bought the road and units in 2006,the house was built aprox 1995.I have looked at all the title deeds i can not find any variation of the deeds or extinguishment of any right of way.The right of way is not shown on the deeds as a 9 feet extention to the side of the road,but each unit has a right of way shown as the full width of the original road,6 feet of the house and a 3 feet path encroach over this.I have also looked at the original planning permission details at my local council office,no measurments of the house in relation to the road are shown,but the orientation of the house in relation to the plot is different on the approved plans?

[buildersmate]

Strikes me that it is a disaster for the owner of the house.
One assumes he knows nothing of this.
As soon as you tell him, his house is going to be virtually unsaleable.
You talk about 'protecting your access' but you have no access if there is a house in the way.
That's why I say the stakes are high.
The roadway that you have is presumably adequate - but I agree that doesn't mean you should just relinquish the easement that you have.
That's why I assumed (wrongly) you were after money for the removal of the easement.
The Planning Authority is not at fault - assessment of a planning application does not include whether the proposed location does not infringe private easements over other landowners. Statutory bodies like water companies (who may have rights over pipes laid in the ground over plots) are consulted, but it is perfectly possible that PP can be granted on a location where it is impossible to build. Then again, you say the house does not match the agreed location on the PP anyway.