Quizzes & Puzzles1 min ago
right of way
we bought a industrial property unit on 30-06-1986,and used it all the time for lorrys and cars in and out for our business.
but end of may,2006 the owner of the building on the front of our unit built the wall(on the entrance to the yard where we installed the communal gates in 1993 and asked the owner of the front building to pay his share,he answerd that he bought the property after the gate was installed ).which we have used it since we bought the unit.
he is saying that the entrace belong to him.(WHICH IS ON SIDE OF HIS BUILDING).
our ex landlord took the person to court and found out that his solicitor did not registerd the right of way with the land registry at the time he bought the property and made into units five units he sold three and kept two ( ON ADVICE FROM THE BARRISTER HE WITHDREW THE CASE AS HIS TENNANTS HAD THE RIGHT TO USE THE BACK ENTRANCE),.
but we are LAND LOCKED as we were GRANTED THE RIGHT TO USE only the front entrance which is in our deeds and did not have the right to use the side entrance.
we were told by few peoples that as we were using the entrance for more than twenty years , we will get the right to use AS THERE IS SOME LAW UNDER WHICH WE WILL BE GRANTD TEH AUTOMATIC RIGHT OF USE BY THE COURT).
could any one give me some ideas/wiews
best regards.
s.mehr
[email protected]
but end of may,2006 the owner of the building on the front of our unit built the wall(on the entrance to the yard where we installed the communal gates in 1993 and asked the owner of the front building to pay his share,he answerd that he bought the property after the gate was installed ).which we have used it since we bought the unit.
he is saying that the entrace belong to him.(WHICH IS ON SIDE OF HIS BUILDING).
our ex landlord took the person to court and found out that his solicitor did not registerd the right of way with the land registry at the time he bought the property and made into units five units he sold three and kept two ( ON ADVICE FROM THE BARRISTER HE WITHDREW THE CASE AS HIS TENNANTS HAD THE RIGHT TO USE THE BACK ENTRANCE),.
but we are LAND LOCKED as we were GRANTED THE RIGHT TO USE only the front entrance which is in our deeds and did not have the right to use the side entrance.
we were told by few peoples that as we were using the entrance for more than twenty years , we will get the right to use AS THERE IS SOME LAW UNDER WHICH WE WILL BE GRANTD TEH AUTOMATIC RIGHT OF USE BY THE COURT).
could any one give me some ideas/wiews
best regards.
s.mehr
[email protected]
Answers
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Hard to visualise what you've got here in terms of relationship between buildings and land used as access.
Your right of access (if it exists in the land title) will be in your land title documents at the LR.
The 'law' you refer to is the Prescription Act of 1832 which is still on the Statute book. Its principle is that if you have been using an access across another's land for more than 20 years openly, without formal permission then you may have acquired a permanent right of access. According to the dates you mention, you are at least a month short of 20 years before it was challenged - that's perhaps no coincidence.
You are going to have to use a solicitor to get anywhere with this.
Your right of access (if it exists in the land title) will be in your land title documents at the LR.
The 'law' you refer to is the Prescription Act of 1832 which is still on the Statute book. Its principle is that if you have been using an access across another's land for more than 20 years openly, without formal permission then you may have acquired a permanent right of access. According to the dates you mention, you are at least a month short of 20 years before it was challenged - that's perhaps no coincidence.
You are going to have to use a solicitor to get anywhere with this.
buildersmate,thanx for your reply.
1-sorry its not may,it was july 2006 when he built the wall.so i am one month over the 20 year period.
2- in my deed i have the right of use that entrance,but the person who sold it to me ,his solicitor did not register this right with land registry ( that mean he gave me the right of way which actually he did not had).
3-any good solicitor in leicester area?
4-or any solicitor with no win no fee ?
best regards.
s.mehr
[email protected]
1-sorry its not may,it was july 2006 when he built the wall.so i am one month over the 20 year period.
2- in my deed i have the right of use that entrance,but the person who sold it to me ,his solicitor did not register this right with land registry ( that mean he gave me the right of way which actually he did not had).
3-any good solicitor in leicester area?
4-or any solicitor with no win no fee ?
best regards.
s.mehr
[email protected]
1) Just as well then. But there is a legal process to go through and it may not be straightforward. Its already gone 6 months since this access was blocked without you doing anything formally - you would need to get on with it.
2) if the person who sold you didn't have the right to grant you the access, your problem is with him. More particularly solicitor should have picked it up if you instructed him in what you expected. Although 20 years ago, maybe worth pursuing that angle?
2) if the person who sold you didn't have the right to grant you the access, your problem is with him. More particularly solicitor should have picked it up if you instructed him in what you expected. Although 20 years ago, maybe worth pursuing that angle?
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