Does anyone know what this means

[Andy46]

Hi.

I have a document for my property which starts ... this assignment is made on the 11/6/1963 ....... part way through it reads:

Except Nevertherless And Reserving unto the vendor and its successors in title and its and their servants and visitors owners and occupiers of the vendors neighbouring or adjoining property and each and every part thereofre a) a right of way in common with the purchases and their successors in title at all times and for all purposes with or without vehicles and animals over so much of the common drive as is included in the property hereby agreed to be sold subject to the payment of a fair proportion according to user of the expense of mainingain and keeping the said common drive over and across the property hereby agreed to be sold in repair and b) a right of way in common with the purchasers and their successors in title at all times and for all purposes on foot or with hand carts over so much of the pathway coloured blue on teh said plan ias is included in the property hereby agreed to be sold subject tothe payment of a fiar proportion accord.

I live in a group of seven properties made up of a group of 3 a gap then 4. I'm the 3rd, there is the common drive which has one entrance /exit and runs behind all 7 houses. There is also a pathway between by house number 3 and number 4 mentioned in part b above and coloured blue on the plans. From the above info can it be reasonably ascertained who has use of the pathway mentioned in b? Is it just for my house, number 3 and number 4, or do houses 1,2,5,6,7 have use of it too?

Thanks
Andy

[genou]

Hi.

I have a document for my property which starts ... this assignment is made on the 11/6/1963 ....... part way through it reads:

Except Nevertherless And Reserving unto the vendor and its successors in title and its and their servants and visitors owners and occupiers of the vendors neighbouring or adjoining property and each and every part thereofre a) a right of way in common with the purchases and their successors in title at all times and for all purposes with or without vehicles and animals over so much of the common drive as is included in the property hereby agreed to be sold subject to the payment of a fair proportion according to user of the expense of mainingain and keeping the said common drive over and across the property hereby agreed to be sold in repair and b) a right of way in common with the purchasers and their successors in title at all times and for all purposes on foot or with hand carts over so much of the pathway coloured blue on teh said plan ias is included in the property hereby agreed to be sold subject tothe payment of a fiar proportion accord.

I live in a group of seven properties made up of a group of 3 a gap then 4. I'm the 3rd, there is the common drive which has one entrance /exit and runs behind all 7 houses. There is also a pathway between by house number 3 and number 4 mentioned in part b above and coloured blue on the plans. From the above info can it be reasonably ascertained who has use of the pathway mentioned in b? Is it just for my house, number 3 and number 4, or do houses 1,2,5,6,7 have use of it too?

Thanks
Andy

There are two Rights of Way.

It should be easier for you to visualise than me. One is foot traffic only - blue on the map. The other is cars and people. As I read your post the foot/ car traffic are segregated on a single access space between 3/4. I can't see why there are two separate RoWs, but it may be historic.

It sounds like a terrace of 3 and terrace of 4 with the RoW allowing all of them access to the rear?

It talks about "so much of the common drive as is included in the property hereby agreed to be sold " which sounds like you and 4 own the common drive, with an obligation on your neighbours to chip in for maintenance of the way.

I'd guess 4 has identical burdens - can you chat to them ? Then the RoW being limited to the adjoining properties means all 7 properties are allowed to use it, as they all adjoin you or 4.

[Andy46]

Hi

Thanks for your reply.

Andy

[mc2fool]

For general interest and amusement value only...

This excerpt from the legal document outlines certain rights granted to the vendor (seller) and their successors in title (those who inherit or otherwise acquire the seller's interests) over the property being sold and the adjoining properties. Let's break it down:

1. "Except Nevertheless And Reserving unto the vendor and its successors in title and its and their servants and visitors owners and occupiers of the vendors neighbouring or adjoining property and each and every part therefore" - This part essentially establishes that despite the sale of the property, certain rights are being reserved for the vendor and their successors in title, as well as for their servants, visitors, owners, and occupants of neighboring or adjoining properties.

2. "a) a right of way in common with the purchasers and their successors in title at all times and for all purposes with or without vehicles and animals over so much of the common drive as is included in the property hereby agreed to be sold subject to the payment of a fair proportion according to user of the expense of maintaining and keeping the said common drive over and across the property hereby agreed to be sold in repair" - This part grants the vendor and their successors in title a right of way, meaning the legal right to pass through or use a specific area, shared with the purchasers (buyers) and their successors in title. This right of way extends over the common drive included in the property being sold. The vendor and their successors are obligated to contribute a fair proportion of the expenses for maintaining and keeping the common drive in good repair.

3. "b) a right of way in common with the purchasers and their successors in title at all times and for all purposes on foot or with hand carts over so much of the pathway colored blue on the said plan as is included in the property hereby agreed to be sold subject to the payment of a fair proportion accord" - Similarly, this part grants the vendor and their successors in title a right of way over a pathway (colored blue on a plan) included in the property being sold. This right of way is shared with the purchasers and their successors and extends to foot traffic or the use of hand carts. Again, there is an obligation to contribute a fair proportion of the expenses.

In summary, this passage reserves certain rights of way for the vendor and their successors in title over specified areas of the property being sold, shared with the purchasers and their successors, subject to the obligation of contributing to the expenses for maintaining these areas.

Based on the provided information, it seems that the pathway mentioned in part b, which runs between your house (number 3) and house number 4, is specifically designated for the use of the owners of those two properties. This pathway is colored blue on the plans and is included in the property agreed to be sold (your property and house number 4).

Since the pathway is situated between your property and house number 4, it is reasonable to conclude that the right of way over this pathway is limited to the owners of these two properties, namely yourself (house number 3) and the owner of house number 4.

The other houses in the group (1, 2, 5, 6, 7) do not seem to have a right of way over this particular pathway unless explicitly stated otherwise in the legal documents or plans. Therefore, it appears that the right of way over this pathway is exclusive to the owners of houses number 3 and 4.

[Clitheroekid]

That's actually a pretty good explanation - better than many lawyers could have done!

The difficulty with ChatGPT and legal issues is that it 's very good at getting 90/95% of it right, but it's the 5/10% it gets wrong, or simply makes up, which may be the crucial bit. And because it incorporates the errors so smoothly and convincingly a lay person would often not be able to recognise that it was wrong, and might act on the `advice' with a disastrous outcome and no right of redress.

[abisgran]

Chat GPT-sounds good but not to be trusted without checking with an appropriate professional-as a retired medic may I say non professionals ie politicians think flinging taxpayers money at this will save the NHS-not a chance !