Title Documents
References to private rights of way (and other easements) that benefit or burden land are often (but not always) set out in the Registers kept by HM Land Registry.
If you have not already obtained the title documents relating to your own property from HM Land Registry (and those of neighbouring properties relevant to your enquiry) you can order these online from HMLR for a small fee.
Where rights of way are recorded at HM Land Registry we may need to look at the wording of the easement, if possible, within the context of the whole original document that actually granted or reserved the rights. These documents are the "Transfers", "Deeds" and "Conveyances" which are referred to in the Register Entries.
Copies of these documents can often be obtained from HMLR by submitting Form OC2 but the Local Office that deals with your title may also be able to assist you with a telephone enquiry.
Pre-Action Protocols
Litigation is a last resort. The Court rules, the "CPR", contain protocols which set out the steps that potential claimants and defendants are expected to have already followed to try to settle their disputes before looking to the Court for a decision. Failure to comply with pre-action protocol can result in the Court imposing costs sanctions on either a Claimant or Defendant if the dispute does proceed to Court.
There is a Pre-Action Practice Direction that should be followed to try to settle disputes and potential claims between landowners in respect of rights of way relating to either residential or commercial property.
Where a right of way issue involves a property professional such as a legal adviser (ie solicitor, barrister, legal executive, licensed conveyancer) there is a specific Protocol for Professional Negligence Claims which may need to be followed in certain circumstances.
Refined Search Facility
We have also created a refined search facility in conjunction with Google specifically adapted to assist you with your queries about the law of easements including Rights of Way.
To find out more about Rights of Way just enter your question or search keywords in the box below.
Call 01305 866162 to speak to an adviser today or, alternatively, go to the Contact Us page and send your enquiry to us by e-mail.
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