Dispute over land??

[Hpd]

Hi I've bought a house and my details are being filed with the land registry, and I have a right if way issue. There's a piece of land behind the house (and 3 neighbouring properties) which is used for access to garages or through a gate into the garden for off road parking. One of the neighbours owns this land and has objected to a right of way which is being applied for, all the other properties identical to mine that back onto this land do have legal right of way.

Has anyone had disputes like this that are dealt with by the land registry? I'm not really sure what his reasons for objecting actually are...

Just looking for any info really as it's all new to me

 

[^woody^]

Your post is confusing

You have bought this house with no right of way, or with a right of way. You don't "apply" for a right of way over someone elses land

Your legal advisor presumably advised on this issue didn't he?

 

[Hpd]

Actually you sort of do... My solicitor has submitted an application for right of way over the land as it was mentioned in a
'pre-registration document'

 

[^woody^]

It seems that some sort of arrangement has been in place to allow the owners of your purchased property to access it via the land owned by another person, and all your Solicitor is trying to do is formally register this on the property deeds.

Whether this succeeds or not will depend on the actual agreement set up years ago when the land was first registered, or another concept based on established past use. There is no automatic right for you to get a right of way, and you have to prove that one should be granted

The land owner may not want to grant a right of way over the land, but may want some other arrangement such as a limited licence to permit access, or he may want to include an obligation for you to pay for the access (annual fee) or the upkeep of the driveway

 

[Hpd]

Thanks for the help. I'm going to get hold of said document tomorrow and see what's there, I think you're right and the decision will be heavily based on how clearly a right of way is stated. I'll post back when I know more and hopefully it'll shed some light on it, thanks again