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Posted Wed, 14 Aug 2024 16:48:37 GMT by Rachel N
Hello,

We're trying to sell the property with title register SY453744 which is set back from the road with common land running across the front of the property. There ary two gates/entrances to the property one which is only about 1.5 metres max back from the road and another which is further back. The only access to the property is across the common land in front. The buyers solicitors are saying that they cannot proceed without an easement on the property to allow access across this common land however entry number 3 on the property register appears to be just that stating "Notice entered in pursuance of rule 254 of the Land Registration Rules 1925 on 5 June 1997 that the registered proprietor claims that the land has the benefit of a right of way over the land and track to the front of the land in this title giving access to [road name]"
From everything I have read this appears to be an easement by prescription that has been registered with you by the previous owner who had used the access for over 20 years on that date. (It has since been used for a further 27 years with no issues!) It is my understanding that this being entered on the title register gives a legal right of way both on foot and with vehicles from the road to the property and that no further easement needs to be sought.

Could you please confirm whether my understanding is correct and if not could you please explain exactly what entry number 3 means?

Kind Regards,
Rachel
Posted Thu, 15 Aug 2024 05:59:09 GMT by Adam Hookway
Hello Rachel - as you state the Notice on the register is of the claimed right and our PG 52 explains this in greater detail 
Easements claimed by prescription (PG52) - GOV.UK (www.gov.uk)
We can't advise you on the legal implications and you should rely on your own legal rep in that regard and if the claimed right is deemed insufficient discuss options such as obtaining a deed of grant from the registered owner of the land over which the right of way has bene claimed
Posted Thu, 15 Aug 2024 08:01:07 GMT by Rachel N
Hi Adam,

I appreciate your quick reply thank you very much for confriming

Kind Regards,
Rachel

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