O T Can any lawyers tell me what this means ??

[mdh]

Cheeky I know. Can anyone translate this into English ?
What exactly is 'one moiety' ?
( I'll glady help anyone with IT questions )


"Together also with a right of footway in common with the Gordon Property Company Ltd and its successors in title the owners and occupiers for the time being of the adjoining property known as number 11 XXX aforesaid over and along the passageway coloured blue on the said plan the purchasers paying one moiety of the cost of keeping the passageway in good repair and condition"

I'm reading this as they have a right of way through my footway but have to pay one moiety of any costs of upkeep.

Anyone know what the hell it means ??

[GregE240]

http://diylaw.info/LegalJargon.htm

Half.


>> Edited by GregE240 on Wednesday 26th March 16:36

[mrsd]

A moiety is half of something. Presumably the footpath is between you and the adjoining property. In return for each paying half of the costs you share it with #11, currently occupied by the Gordon Prop. Co. and anyone buying their property in future.

not a lawyer, pretty good on footpaths and fcuking boundaries though

slightly edited to remove ambiguity. Both you and they pay half the upkeep costs.

>> Edited by mrsd on Wednesday 26th March 16:39

[Big Al.]

Half, Middle, or Part
See
www.ask.co.uk/metasearch.asp?aj_product=IndexSearch&MetaEngine=Teoma&EngineOrdinal=2&ItemOrdinal=1&m=10&AdServerCode=&MetaURL=http%3A%2F%2Fwww%2Edictionary%2Ecom%2Fwordoftheday%2Farchive%2F2002%2F10%2F02%2Ehtml__score_1.00__&MetaTopic=Dictionary%2Ecom%2FWord+of+the+Day%3A+moiety&ask=moiety&LogId=E63558A64D6F6349AFCFC3DE0BA103C8&origin=0&qsource=2&qcategory=&aj_is=no&rf=&x=false&uk=false

[mdh]

Thanks you lot. Pistonheads is truly a wonderful place.

Basically I own the footpath, they have a right of way over it, but if anything goes wrong they have to pay half of the repairs ?

[pies]

yes

[ErnestM]

mdh said:
"Together also with a right of footway in common with the Gordon Property Company Ltd and its successors in title the owners and occupiers for the time being of the adjoining property known as number 11 XXX aforesaid over and along the passageway coloured blue on the said plan the purchasers paying one moiety of the cost of keeping the passageway in good repair and condition"

...but as I was reading, I was hearing this in my brain:

"...And spotteth twice they the camels before the third hour, and so, the Midianites went forth to Ram Gilead in Kadesh Bilgemath, by Shor Ethra Regalion, to the house of Gash-Bil-Bethuel-Bazda, he who brought the butter dish to Balshazar and the tent peg to the house of Rashomon, and there slew they the goats, yea, and placed they the bits in little pots."


ErnestM

[mrsd]

mdh said:
I own the footpath, they have a right of way over it, but if anything goes wrong they have to pay half of the repairs ?

There isn't actually anything in the section you've quoted to say who owns the path, simply that you have rights in common in return for sharing the upkeep costs.

[Piglet]

Umm sorry to be different but I'm not sure that says you own the footpath? On the plan is the footpath inside the red line that deliniates your property?

[mdh]

Yeah - on my title map from the land registry it clearly outlines the path and says next door ( where the extract from above is ) have a right of way over it.



>> Edited by mdh on Wednesday 26th March 17:09

[Piglet]

mdh said: Yeah - on my title map from the land registry it clearly outlines the path and says next door ( where the extract from above is ) have a right of way over it.


>> Edited by mdh on Wednesday 26th March 17:09

As long as there is more expess wording than the bit that you quoted it sounds like it's OK.

[mdh]

My Land Registry stuff outlines the passageway and my house , garden etc and says that I 'own the freehold land shown edged with red on the plan of the above title filed at the registry and being 11 XXX"

"Except and reserving unto the owner of 13 XXX a right of way over the common passageway between the said two properties"

[dave_s13]

ErnestM said:

...but as I was reading, I was hearing this in my brain:

"...And spotteth twice they the camels before the third hour, and so, the Midianites went forth to Ram Gilead in Kadesh Bilgemath, by Shor Ethra Regalion, to the house of Gash-Bil-Bethuel-Bazda, he who brought the butter dish to Balshazar and the tent peg to the house of Rashomon, and there slew they the goats, yea, and placed they the bits in little pots."


ErnestM

Bloody ell, that were a bit 'Bilbo Baggins'

[Piglet]

mdh said: My Land Registry stuff outlines the passageway and my house , garden etc and says that I 'own the freehold land shown edged with red on the plan of the above title filed at the registry and being 11 XXX"

"Except and reserving unto the owner of 13 XXX a right of way over the common passageway between the said two properties"

Sounds like you're right, you own it all with the owner of no 13 has right of way. The wording "common passageway (!!) is a bit odd if you actually own it but I guess it's just an old conveyance.

[Scruffy]

Er, long story, cut short.

A public footpath runs through my land at the back of the house.
There were some hawthorn bushes along the side of the path.
I cut them down so we (sorry I, ) could have majestic views of the wilderbeast roaming the plain etc (oh and something to burn in me cooker...).
The council came round and presented me with a bill for the wood (not much, but petty enough to employ a team of investigators etc).
Seems though it's on the property (red line on map n'all), the council still 'own' half of it.
I used the various correspondence to start the fire to burn the wood..

[mdh]

My house is actually over the property. One of the bedrooms and the roof is directly above the alley.

[pdv6]

Scruffy said:
The council came round and presented me with a bill for the wood (not much, but petty enough to employ a team of investigators etc).

IIRC you can cut branches from your neighbour's trees etc without permission, where they overhang your property, if you then give them the wood that was cut!

[pdv6]

Scruffy said:
Seems though it's on the property (red line on map n'all), the council still 'own' half of it.
I used the various correspondence to start the fire to burn the wood..

Sounds wrong to me - I would have thought a bush on your land was your bush. A right of passage across your land would be a separate matter, i.e. you'd be required to cut back the bush to allow passage?