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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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The ground to the rear of my property and those adjacent to

Resolved Question:

The ground to the rear of my property and those adjacent to it is common ground. A new owner is proposing to site an oil heating tank on the gorund outside the bounds of his property. Is this permissible? It doesn't actually prevent access but takes up space and,as I'm partially disabled, could, at times prove an inconvenience.
Thank you.

N. Jones
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you have a management company (or is it just the freeholder) that oversees issues relating to the common ground?

Customer:

Just the owners of the property. There is no management company or freeholder as it seems that no one (including the local council or the Earl of Bradford's estate to which it originally belonged) can trace who is ultimately responsible. It is purely an access area common to the properties concerned - no other public access granted. The properties were sold off by the estate in the early 1950s but the ground was not except for the access rights. It is now also used for parking/ deliveries etc.

tdlawyer :

And the common areas have not been registered at HM Land Registry?

Customer:

Not sure, sorry. The local council cannot trace it as registered common ground.

tdlawyer :

OKay, it's worth checking. In essence through, an owner cannot site a tank outside of his own property boundary. That said, it is really for the owner of the land to take any action due to trespass. If you do a search of the land at the land registry (by submitting a plan and marking out the area you're searching for) then you should hopefully be able to identify who the true owner is.

tdlawyer :

Alternatively, if the land is unregistered (which might be unlikely), then it should be possible to identify the owner from the ownership deeds of the surrounding lands, if you need to.

Customer:

Many thanks. Am also chasing it through the local authority planning dept.

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