• My (ancient) Right Of Access V. My Neighbour's Caution Agains First Registration (2003).

    By Guest on 10th Mar 2019

    My Deeds state I (the owner of my cottage) have ancient access rights from the road to my cottage over a 100 yard unregistered track. There is no other access to my home which is situated in the middle of fields. I am the only user. I have learned my neighbour, whose boundary runs down the length of one side of the track, obtained a Caution Against First Registration on this track, in 2003. (He is a Probate Solicitor and he made the application himself.)
    My question is: I'm pretty sure my neighbour would be unaware of the access clause in my Deeds. I am wondering, as this was not declared in the Caution papers (I have a copy) whether this Caution is valid on land where someone has access rights. My concern is that he will attempt to register the access track to his property in future and/or make it difficult for me (or my successors after my death) to sell my home. Many thanks.

  • 1 Answers

    By Guest on 11/03/2019

    A caution basically means he will be notified on registration but see HMLR for full details: https://www.gov.uk/government/publications/caution-against-first-registration/practice-guide-3-cautions-against-first-registration

    You may wish to register your land (if not already registered) and have the easement noted on your title.

    www.notaryexpress.co.uk

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