Right of way and conflicting deeds

[theocupyre]

Hi

The deeds to my newly purchased cottage show a right of way going through my neighbour's garden. My neighbour's deeds do not show this right of way. The neighbour maintains that because her deeds are more recent, the right of way is extinguished. I have difficulty believing this, but she has boarded up the gate to the right of way, and tells me she is going to have a wall built across the path.

Who's right, and can I take this board down?

Thanks in advance

Theo

 

[Johneds]

Check what is registered for both properties at the Land Registry. You can do that online for a small charge. If there is a difference between the two you can ask Land Registry to investigate the discrepency. If there does prove to be a discrepency between the two then Land Registry has the obligation to take measures to clarify the position and, if necessary, alter one or other of the registrations.

If it goes against you then you should assess the value of your loss (if substantial this should be done by a valuation agent) and consult your solicitor.

 

[Moo]

How important to you is this right of way?

I only ask because, having once been involved in a horrendous boundary dispute regarding an overhanging (ie 'encroaching') gutter that cost both sides several thousands pounds in legal fees, I'd always be inclined to take the line of least resistance if what's at stake is only a minor inconvenience.

 

[Paul Hopper]

theocupyre

johneds is right . you will need to settle the matter, preferably legally and hopefully amicably. I know people who have had horrendous disputes on this and ther boundary / access disputes.As johneds says. settle the actal legal facts thru land registry etc., then talk to your neighbour.

Paul Hopper

 

[Silas]

:roll:

If it is also possible to talk to former owners and find out when the right of way was last in use, it may have been closed off very recently or many years ago, this will reflect on your current right to pass over it.

 

[tumbledown]

I had a similar problem with a right of way. My neigbours deeds differed from mine and he claimed the right of way no longer existed as it had not been used for 20 years. However, my solicitor said that in his opinion, rights of way documented in deeds did not expire, and as my deeds pre-dated my neighbours, his deeds were in effect, invalid. I believe that my neighbour sought legal advice and was advised that if it went to court he would most likely lose. In any case, ne backed down and made the right of way available, so it was never tested in court. So, I would think that if your deeds pre-date his, you are in the stronger position. Hopefully you can resolve it without going to court, as the only ones who really win are the lawyers and solicitors!

 

[tumbledown]

I found this forum very useful during my dispute:

http://www.gardenlaw.co.uk/

 

[Ali McNay]

A quick phone call to your Council footpath Officer and they will be able to tell you if there is a footpath located on the definitive plan. There will also be a description of the footpath location and length.

You could also try the Council website as they usually have the definitive plan on there.

If its on there then its a PRoW. Let the footpath officer know your neighbours intentions! and quick!

 

[Johneds]

I assumed this was a private right of way. If so the local authority would probably not be aware of its existence. Perhaps the OP could clarify?