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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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Our house was built in 1860 and on the deeds has an access

Resolved Question:

Our house was built in 1860 and on the deeds has an access from our garden gate down to the main road, passing what used to be the rear of the local chapel. The chapel was sold and was converted into an house, the garage doors put into the rear of the building that overlooks our right of access. We got on very well with the old gentleman who lived there for over 30 years. On the land registry, the plans show the chapel has a small triangular piece of land running in front of the garage doors, and our access land runs alongside the front of the triangle, while the pavement (with a dropped curb) runs along the side of the access land. The new owner now parks in front of her garage doors, with a 1/3rd of her car covering part of the triangle and 2/3rds over our access land. We have no objection to this, however, she has forbidden us completely to park on the land, claiming that we only have right of walking access, and we would have to park partially over her triangle and mostly over our access ground. There is enough room for 2 cars to park on this land. Our deeds do not stipulate that access is for walking only, neither does it say anything regarding vehicles. No one seems to own this access ground. Where do I stand on this please?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, over 89% of the land in England & Wales is registered land. However, the remaining 11% is unregistered land. Accordingly, what i would recommend here is that you hire a search agent to determine who owns this piece of access land which is unregistered land and not registered in the Land Registry. This is because in the long run, the only sure way of solving this problem with your neighbour is if you come to own the land over which your access runs. In this way, you can safeguard your rights and entitlements both to your access and to park your car where you like on this access area land. Otherwise, a battle of wills, will break out with your neighbour over who can use this apparently "unowned" land. in point of fact, this land is not unowned but has an owner. So you should seek to either purchase it from the unregistered owner or seek to claim adverse possession or "squatter's rights" to this land. Be aware that this strip of access land will not have a large value to anyone but you. So this means that the true owner will be quite willing to sell to you.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, you should first ascertain the owner of this access land strip. At the moment, neither yourself nor your neighbour has the right to park here, as neither of you own the land. So, it is a bit like fighting in the absence of any rights. There is no rule to determine the issue, apart from a force of will, as neither you nor your neighbour have rights to park on the access land strip, in strict point of law.
Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.
Excellent service, fantastic advice which was great at putting ones mind at ease quickly. We are so grateful for the important information given. Thank you.