land dispute

[jerd_16]

Hi,
On 13 dec 2003 i purchased a right of way from my neighbour Uplands for the benefit of my adjoining property(i didnt register this interest but have a letter signed by neighbour to prove this transcation).
However, recently the neighbour has sold his house, will i be able to continue my right of way now that there is a new owner?

[buildersmate]

I believe that you have what is called an overriding interest in your neighbours land title. Irrespective of whether it is disclosed on the land title or not (yours is not if it hasn't been registered), some overriding interests are disclosable, when for example, an owner sells up. I'm not sure whether this is a disclosable overriding interest.
It's a pity you've left it for the land to be sold before raising this. If you are trying to do this yourself, I would find out who the seller's solicitor is and contact them and tell them about your overriding interest.

[Stu Dent]

I'm not so sure. I think for this interest to be effective against future owners it has to be registered. Without registration, the right is only good against the person who sold you that right.

I'll try and find an article I read recently published on line by the law firm Shepherd and Wedderburn. Pretty sure it was a case based on a very similar story and the right was not good against third parties unless registered. In fact, the circumstances were so similar (not to intentionally sound rude), I wonder if you were that party (a builder/developer) who lost out.

[Stu Dent]

P.S. Find out the answer first of all before contacting the other parties solicitor (sorry Jerd). Once you're right is registered it's good against all future owners. If you alert the other party he may also want compensation or prevent the right of way.

[jerd_16]

thanks stu, do you have that case?

[Stu Dent]

Sorr Jerd, I forgot all about this.

It was an article written by lawyers from a leading law firm, Shepherd and Wedderburn. Here it is:

http://www.shepwedd.co.uk/knowledge/article/69 5-1183/a-right-of-way-nearly-but-not-quite/arc hive/?page=1

[Stu Dent]

"there is a problem at the Land Registry. The Land Registry will not now register the Deed of Easement which creates the right of way against the title of Greenfields, as the Deed was not granted by the party who is now the registered proprietor of Greenfields. The fact that it was granted by the person who owned the land at the time it was granted is not relevant. The registered proprietor of the adjoining land is not now the person who granted the easement and as a result you are unable to register, or otherwise protect the Deed of Grant, and have lost your right of way across Greenfields. Back to square one!".

That's the paragraph that tells me you have a problem. Why wasn't the right of way registered? If your solicitor or the land registry is at fault you may be able to claim compensation for any loss associated with the failure to register the right.

The new owner of the adjacent property may grant the right of way though?