News0 min ago
Access Right To Rear Of Property
Hi to everyone...
My adjoining neighbour is putting a padlock on a gate to prevent from accessing to maintain my property. My understanding is that the passageway is a common shared by all adjoining owner. I have been using it for the last 8 years and recently a new owner moves in and decided to use some of the common space to store their shops stock.
I have the deed in front of me now but I am having difficulty to interpret it as English is my worst subject at and English is not my native language. I appreciate if anyone could interpret what is actually means and do I have the access to the gate to go through the passageway leading to my property roof.
I believe the owner wanted to grab the land and they won't open the gate for me to access.
If I have the right to access from the gate, what can I do to get them to remove the padlock?
The DEED is as follows (the relevant sections):
(A) The freeholders are seised of the passagewat at the rear of Number 61 High Street and Leading to Old Street (coloured brown on the plan) for an estate in fee simple in possession subject to the Lease hereinafter mentioned and to the rights of the owners and occupiers for the time being of the adjoining premises to use the said passageway but otherwise free from encumbrances.
(B) By a Lease dated the 25th day March One thousand nine hundred and eighty and made between the Freeholders of the one part and the Tenant of the other part the Tenant was granted (inter alia) a right to use the said passageway for a term of 20 years from the 25th day March One thousand nine hundred and eighty.
(C) The adjoining Owner is register at the Land Registry as Proprietor with Title Absolute of the adjoining premises shown edged red on the said plan(hereinafter called the adjoining premises) under title Number XXXX and a right to use the said passageway is appurtenant to parts of the adjoining premises.
(D) The parties hereto have agreed to enter into this Deed for the purpose of clarifying the right of the Adjoining Owner to use the said passageway and for setting out the obligations the parties in respect of the repair of the said passageway.
NOW THIS DEED WITNESSETH as follows:-
1. THE Freeholders HEREBY GRANT AND CONFIRM unto the adjoining Owner a rights in common with the Tenant and those authorised by it to pass and repass over the said passageway at all times and for all purposes in connection with the use of the adjoining premises to HOLD the same unto the Adjoining Owner in fee simple and as appurtenant to the adjoining premises and each and every part thereof.
2. THE Adjoining Owner HEREBY CONVENTS with the Freeholders (and with the Tenant but as a separate covenant and operative only during the subsistence of the term created by the aforesaid Lease) that the Adjoining Owner will maintain the said passageway in reasonable repair and condition.
NOTE: The said passageway referred to is hatched mauve on the title plan.
(Please also explain what this "hatched mauve on the title plan mean".
Sorry for the long texts and I hope someone could explain the above.
Newbie.
My adjoining neighbour is putting a padlock on a gate to prevent from accessing to maintain my property. My understanding is that the passageway is a common shared by all adjoining owner. I have been using it for the last 8 years and recently a new owner moves in and decided to use some of the common space to store their shops stock.
I have the deed in front of me now but I am having difficulty to interpret it as English is my worst subject at and English is not my native language. I appreciate if anyone could interpret what is actually means and do I have the access to the gate to go through the passageway leading to my property roof.
I believe the owner wanted to grab the land and they won't open the gate for me to access.
If I have the right to access from the gate, what can I do to get them to remove the padlock?
The DEED is as follows (the relevant sections):
(A) The freeholders are seised of the passagewat at the rear of Number 61 High Street and Leading to Old Street (coloured brown on the plan) for an estate in fee simple in possession subject to the Lease hereinafter mentioned and to the rights of the owners and occupiers for the time being of the adjoining premises to use the said passageway but otherwise free from encumbrances.
(B) By a Lease dated the 25th day March One thousand nine hundred and eighty and made between the Freeholders of the one part and the Tenant of the other part the Tenant was granted (inter alia) a right to use the said passageway for a term of 20 years from the 25th day March One thousand nine hundred and eighty.
(C) The adjoining Owner is register at the Land Registry as Proprietor with Title Absolute of the adjoining premises shown edged red on the said plan(hereinafter called the adjoining premises) under title Number XXXX and a right to use the said passageway is appurtenant to parts of the adjoining premises.
(D) The parties hereto have agreed to enter into this Deed for the purpose of clarifying the right of the Adjoining Owner to use the said passageway and for setting out the obligations the parties in respect of the repair of the said passageway.
NOW THIS DEED WITNESSETH as follows:-
1. THE Freeholders HEREBY GRANT AND CONFIRM unto the adjoining Owner a rights in common with the Tenant and those authorised by it to pass and repass over the said passageway at all times and for all purposes in connection with the use of the adjoining premises to HOLD the same unto the Adjoining Owner in fee simple and as appurtenant to the adjoining premises and each and every part thereof.
2. THE Adjoining Owner HEREBY CONVENTS with the Freeholders (and with the Tenant but as a separate covenant and operative only during the subsistence of the term created by the aforesaid Lease) that the Adjoining Owner will maintain the said passageway in reasonable repair and condition.
NOTE: The said passageway referred to is hatched mauve on the title plan.
(Please also explain what this "hatched mauve on the title plan mean".
Sorry for the long texts and I hope someone could explain the above.
Newbie.
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