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Posted Mon, 01 Jul 2024 16:45:34 GMT by G Williamson
A frontager on a road that I own has just sold their property, which was under one title for a house (First Property) and a field (Second property) completely and physically separate from the house. The house is situated some distance after the access point to the field.

The right of way from say point A to point B was based on the residential property as is common with all other residences on the estate. 

In the frontages title deeds it states:  A right of way with or without vechicles and animals at all times for all purposes in connection with the use and enjoyment of the First Property and the Second property as a dwelling house and pasture land respectitively.

However the titles have been split and sold off.

The question is does the field now require a separate and new deed as agreed by myself as a third party interest? I have not been approached to enter into a new agreed deed.

The reason I ask this is I am very concerned that a right of way will go to point A to B which has only ever been soley on having the residential property which has now been split with the field. They only require access to the entry point to the field and do not require access up to point B. Other independent fields that frontange the road only go up as far as required and not to point B. 

The new deeds have been uploaded as the property have completed but not yet dealt with by the land registry. How do we ensure that the drafting has been done correctly now that they are uploaded? Concerned they will be given access that was and has not been agreed too by an interested third party.

 
Posted Wed, 03 Jul 2024 07:43:43 GMT by Adam Hookway
G Williamson - very much something to seek legal advice upon as without the specific title details it's impossible to offer any clarity as to what may or may not be included.
If I have understood correctly the property and field were registered under the one title and the right was registered on that single title, and presumably that for the road as well
As you own the road I would recommend you consider how that has been registered and what right() it is subject to - that should then enable you to ascertain whether any right(s) as granted to other land or property exist and/or have been affected by the 'split' in some way. The devil will be in the wording to ascertain whether the field can also now enjoy the same right
Posted Wed, 03 Jul 2024 16:55:32 GMT by G Williamson

Many thanks for the reply Adam.
 

The detail of the wording is curious. It states

”right of way with or without vechicles and animals at all times in CONNECTION with use and enjoyment of the first property and second property as a dwelling house and agricultural/pasture land respectively over and along the communal  Roadway (points A-B)

and then 

“Right of way .... over a strip of land being part of the retained land in connection with the use of the second property as agricultural/pastureland”. 
 

So the connection between the first and second property has been disconnected, therefore is that severing the entire use of points communal roadway A-B and is that a reasonable position to take?


Thanks in advance for any replies. 

Posted Thu, 04 Jul 2024 06:11:19 GMT by Adam Hookway
G Williamson - you'd have to look at not only the existing register entries and easements granted/reserved but also the actual Transfer itself to understand the full picture. The casework team will do that as part of the casework process and each application is considered on merit so it's impossible to say as to what entries might be made or otherwise ahead of that consideration.
If you are concerned that a right of way granted over your land might be 'extended' for example without your approval then please do seek legal advice or contact the benefiting landowner to clarify what has been included in the transfer to aid your considerations

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