• Access Agreement

    By Guest on 16th Jul 2020

    An Access Agreement was granted over the property I now own for the neighboring property, All originally owned by one person.
    The agreement was registered in 2002 on a TP1 Form when the neighbors land was sold and 1st registered and the agreement shows on their title papers.
    The Rest of the property was not sold on till 2004 when 1st registered. The agreement does not show on this title paper and when I purchased the property in 2011 the agreement is not on our title papers either.
    Does this mean with agreement is not binding on the burdened land ??
    Ive also been told it could be a Overriding interest, is this possible? and would this have had to be noted in anyway for it to be binding?
    thank you

  • 1 Answers

    By NotaryExpress on 17/07/2020

    There are several possibilities that come to mind:

    1. It could be a Land Registry error in which case if you contact the Land Registry with the TP1, explain the devolution of titles, and they will correct it;

    2. The land transferred might not have the benefit of the easement (access) for example if the TP1 provided the benefit of the easement for a set area only;

    3. If it does not have the benefit of the easement then it could be an interest arising by prescription or similar albeit that you would normally need 20+ years of such use for this to arise. An easement by prescription for example could be a right of way customarily used for over 20 years but not recorded in the deeds but used for so long it "overrides" the fact that it is not recorded.

    www.notaryexpress.co.uk

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