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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My property edged red on the land registry plan also includes

Resolved Question:

My property edged red on the land registry plan also includes an area to the left of my house which is hatched yellow. The hatched yellow area is exactly half of a Tarmac area that lies between our property and our neighbours. What does this mean?We have always assumed that we own half each, but that as my neighbours back gate is at the side then they can access it by walking on our half.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you also have a copy of the Original Transfer Deed - probably a few pages long?
Clare
Customer: replied 3 years ago.
We have a copy of the transfer from the builders to ourselves. It says 'The right in common with all others having a like right to use at all times and for all,proper purposes the part of the driveway (if any) coloured yellow on the plan annexed hereto which is not included in the Property subject to the payment of a proportionate part of the expense of maintaining and repairing the same and keeping the same free from obstruction'
We have parked within the red property line for 11 years as due to the way our neighbours park, it is extremely difficult for us to use one of our own parking spaces. They have recently decided to park there car there which is within our red property line.
Customer: replied 3 years ago.
Relist: Other.
Was offered another solicitor as Claire maybe offline
Customer: replied 3 years ago.
Clare, I know you've been offline all day, but do you have an answer for me?
Expert:  Clare replied 3 years ago.
Hi
My apologies I have been in Court all day!
Is part of the yellow hatched area also outside the red line?
Clare
Customer: replied 3 years ago.
Yes, the other half of the Tarmac area is hatched yellow and lies within their property line. We live in a small close of 4 houses and the yellow hatching continues through the middle of the close and off the drive to the main road. Our property line obviously goes all the way round our house gardens, garages and parking spaces, but also incorporates half of the Tarmac between us and our neighbours which is hatched yellow, continuing on to form like a lane through the close the the main road.
Expert:  Clare replied 3 years ago.
Hi
Could you look through the Transfer and see if there is another paragraph that also refers to that area?
Clare
Customer: replied 3 years ago.
There is absolutely nothing else. It's the standard TP1 . It's all about the right to free passage and running water and the right to use roads etc.
Expert:  Clare replied 3 years ago.
Hi
I would have expected a reference to the fact that others have the right to use your part of the yellow hatched area?
Clare
Customer: replied 3 years ago.
No, only the paragraph that I quoted you earlier.
Customer: replied 3 years ago.
Clare, so sorry just realised that the copy my solicitor sent me only has one schedule. There is no schedule 2 or 3. Also it goes from clause 1 to 7 (7 being crossed out and then jumps to 14 on the signature page). I'll have to see whether one of my neighbours has a full copy I tomorrow.
Expert:  Clare replied 3 years ago.
Hi
Yes please - I would expect there to be a further reference and need the wording!
You can order a full copy from the Land Registry yourself of you need to
Clare
Customer: replied 3 years ago.
Have downloaded the form and will get onto it.
Expert:  Clare replied 3 years ago.
Hi
Good - just add here when you can
Clare
Customer: replied 3 years ago.
Have applied for a copy of my own Transfer, but am in receipt of my neighbours, who live dead opposite and have the same part driveway between them and the house next to them.
2nd Schedule (6) The right for the owners of plot numbers 262 to 265 inclusive to use at all times and for all purposes the part of the driveway (if any) coloured yellow on the plan annexed hereto which forms part of the Property subject to the payment of a proportionate part of the expense of maintaining and repairing the same and keeping the same free from obstruction.
3rd Schedule (1) To pay a reasonable proportion (in the case of default to be determined by the Transferor) of the expense of repairing maintaining renewing or cleaning all party walls the driveway coloured yellow (if any) private footpaths and unadopted sewers drains channels pipes water courses cables and wires and other easements used or intended to be used in common by the occupier of the Property and the occupier of any adjoining or neighbouring part of the Estate.
3rd Schedule (14) Not to obstruct by the parking of motor vehicles or otherwise the driveway coloured yellow (if any) or any footpath or road on the Estate or allow any mud soil or deleterious matter to remain therein.
Expert:  Clare replied 3 years ago.
Hi
Yes that was what I was expecting.
You are correct - you own the yellow hatched ares that is inside the red area and your neighbours have the right of way over the yellow hatched area - just as you have a right of way over the yellow hatched area on their deeds
Neither you NOR your neighbours should park in the area hatched yellow on your land - or put any other obstruction on it - and you can each claim a contribution from the other for any repairs to that area of road surface
I hope that this is of assistance - please ask if you need further details
Clare.
Customer: replied 3 years ago.
Sorry Claire, last quick question. They have been leaving their bin and parking their car within our red property line for years. Does this mean that they can't do this?What does right of way mean?
Expert:  Clare replied 3 years ago.
Hi
They cannot do this.
They have no right to put anything on your land - just to use it for access - and possibly for putting the bin out on bin day
Neither of you should park in the yellow hatched area
Clare
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