Q&As

Is a dispute relating to access to Party A’s land by a neighbour (Party B) for repairs to Party B’s property and damage caused to Party B’s property by roof planters on Party A’s land capable of forming the subject matter of a notice or a restriction that can be registered on Party A’s title at HM Land Registry?

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Published on LexisPSL on 12/12/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is a dispute relating to access to Party A’s land by a neighbour (Party B) for repairs to Party B’s property and damage caused to Party B’s property by roof planters on Party A’s land capable of forming the subject matter of a notice or a restriction that can be registered on Party A’s title at HM Land Registry?
  • Is Party B entitled to apply for the entry of a notice on Party A’s title?
  • Agreed notice or unilateral notice
  • Is Party B entitled to apply for the entry of a restriction on Party A’s title?
  • Duty to act reasonably

Is a dispute relating to access to Party A’s land by a neighbour (Party B) for repairs to Party B’s property and damage caused to Party B’s property by roof planters on Party A’s land capable of forming the subject matter of a notice or a restriction that can be registered on Party A’s title at HM Land Registry?

We assume that Party A has not agreed to register any such notice or restriction on its title.

Is Party B entitled to apply for the entry of a notice on Party A’s title?

A notice protects the priority of a specific burden affecting the land in a registered title. It ensures that, where the interest protected is in fact valid, the priority of that interest will not be automatically postponed on the registration of a subsequent disposition for value.

Under LRA 2002, s 34, a person who claims to be entitled to the benefit of an interest affecting a registered estate or charge may (if the interest is not excluded by LRA 2002, s 33) apply to the registrar for the entry in the register of a notice in respect of the interest.

For these purposes, ‘an interest affecting an estate or charge’ is an adverse right affecting the title to the estate or charge and references to an ‘interest affecting an estate or charge’ can include:

  1. any action

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