• How Can I Check A Conveyance On A Property?

    By Guest on 20th Jun 2020

    Hi how can I tell what exactly are the rights reserved by a conveyance of land in the title dated 1948 actually are? Is it legally enforceable? It is a end terraced cottage, originally access to the rear of the terraces was via each end but the end cottage built on their land and blocked off access so the only way to the rear is now via the one end cottage ( mine) Which is something of a thoroughfare, which has degraded the driveway. I own the land but can I ask my neighbours to contribute to its upkeep as they use it more than I do?

  • 1 Answers

    By NotaryExpress on 21/06/2020

    The easy answer is hire a conveyancer to investigate for you.

    You can check yourself through the 1948 conveyance to see what the terms are, though I would recommend using a professional to ensure they are property explained to you.

    With regard to breach of a restrictive covenant, which is what I believe you are describing (where the deeds say X, but the neighbour has breached this) then it often depends on the nature of the breach and time that has passed. For example, if the deeds said not to obstruct a driveway and the neighbour built a wall across it yesterday, you would likely be able to challenge that. If the deeds said not to built a house on the land and the neighbour built a house there 50 years ago, the passage of time would likely have erased your ability to obtain any satisfactory enforcement e.g. an injunction. Seek professional legal advice from a conveyancer for your particular circumstances.

    www.notaryexpress.co.uk

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