I own a property with a plot of land above me that has been categorised as 'garden land'. I recently had a caller at my door saying they had purchased it from the owner, and they asked if I was interested in renting, to which I said no. I have recently been trying to sell my home and because the owner of the garden land has not maintained it for over two years, I put a trellis screen over the entrance after seeking some advice from a reputable estate agent, which is not permanent, but helps people distinguish when they come to view our home, as a separate plot of land.(prior to this we were worried that as there was just an opening to it, buyers would automatically think it was part of our property) We do not wish to decieve them into thinking this was our property, hence the erection of a temporary screen. I did advise the current owner, and it was contructed in such a way that I could remove it within minutes to allow them access to the land. there are no buildings on it and they do not occupy it, so this was fine until the recent party approached me. When I said I had no interest renting the land he then told me he would be coming back in a couple of weeks time to install some entrance gates, to which I asked him to provide me some prior notice and I'd take away the screen to accommodate him.He also stated that he has a friend who works at the hospital below our property, and that she would be using the land to park there, presumably, on a dialy basis? He turned up 7 days later without notice and took out my screen and opened up the entrance, without any gates or enclosure being put in place. I should point out that I asked if he has completed his legals and can produce evidence that he is actually the owner, to which he's confirmed these are not yet completed. My questions is two-fold: a) can someone we don't even know turn up and say they own the land with uncertain plans as to what they propose to do with it? b)and do I have to give way to him entering his garden land which he also has to cross two other neighbours access drives?
Hello, I am a solicitor with over 15 years experience. I will try to help you with this.
Can you describe the situation a little more please? Is the only access to the garden through your property? Does teh owner have a right of access across your land?
Dear Londonlawyer, As far as I know, the previous owner of the garden land had right of access across mine and two other neighbouring properties. However, my quandary is as I said earlier, that new party, I assume has purchased the land from the old owner, but at this time there does not appear to be a completed set of legals/deeds with the new owner, so the question is as previous, does he have any right to come across our land to the site and carry out alterations on the site entrance, with the intention that a friend will be using the land to park their vehicle there on a daily basis, whilst working at the hospital down the road from the plot? Thanks
He can only come across your land if he has a right of way, This will be in the form of an easement giving him the right to access his land. There should be no doubt about this. It there is an easement it should be on the title register at the land registry and your solicitor should have advised you about it when you purchased. You can check your title register here http://www.uklrs.co.uk/land-registry/. If there is no right of way then he can not access his land and has no right to do anything at all with it.