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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25429
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi. I live in a terraced house with a shared yard. A neighbour

Resolved Question:

Hi.

I live in a terraced house with a shared yard. A neighbour has recently moved in and built a wall around 'his' part of the shared yard, effectively cutting off the major portion of yard space for the remaining 4 houses. I've looked at the deeds, but it's too small to make out if any particular piece of space belongs to any one house. I tried to contact the solicitor who did our conveyancing 12 years ago but they're no longer trading. I don't know who to ask about this. We're trying to sell our house at the moment, and the huge walled-off area at the back is putting most people off. Is there anything that I can do? He has allowed access to the gate for the bins, but the rest of the yard is now his :(
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

you describe the yard as shared. Do I conclude therefore that you have rights over such parts of the yard you do not own in your title deeds please?

Customer:

Yes. When I looked at the deeds, it shows all of the houses and all of the yard with no discernable boundary lines. The picture is very, very small though - I tried to get a better copy but none was available.

Joshua :

Do you have electronic copies of the deeds available to upload by any chance?

Customer:

No I don't I'm afraid. Where could I get those from?

Joshua :

You can get them here: http://www.landregistry.gov.uk/public/property-ownership

Joshua :

It should cost £3 for the register and £3 for the plan.

Joshua :

I can either proceed on the basis to tell you what to look for or if you prefer you can upload the deeds so I can look at them first. How would you like to continue?

Customer:

I've just been to the land registry and ordered a title plan that I can upload in a minute. Will this be ok?

Joshua :

Certainly. Could you upload the title register too?

Customer:

I didn't get the title register I'm afraid. Will this make a difference? I'm just waiting for the download to be available.

Joshua :

This would be helpful to read in conjunction with the plan if possible/

Customer:

Hi. I've managed to get both of them. How do I upload them?

Joshua :

I believe you can just copy and paste them into this thread.

Customer:

Title Number : CH361175
This title is dealt with by Land Registry, Birkenhead Office.
The following extract contains information taken from the register of the above title
number. A full copy of the register accompanies this document and you should read that
in order to be sure that these brief details are complete.
Neither this extract nor the full copy is an 'Official Copy' of the register. An
official copy of the register is admissible in evidence in a court to the same extent
as the original. A person is entitled to be indemnified by the registrar if he or she
suffers loss by reason of a mistake in an official copy.
This extract shows information current on 13 FEB 2014 at 12:41:17 and so does not take
account of any application made after that time even if pending in the Land Registry
when this extract was issued.
REGISTER EXTRACT
Title Number : CH361175
Address of Property :XXXXX Macclesfield (SK11 6PH)
Price Stated : £55,000
Registered Owner(s) : EDMUND ANSELM BANKS ofXXXXX Macclesfield,
Cheshire SK11 6PH.
Lender(s) : Santander UK PLC
Webb Resolutions Limited
1 of 4
This is a copy of the register of the title number set out immediately below, showing
the entries in the register on 13 FEB 2014 at 12:41:17. This copy does not take account
of any application made after that time even if still pending in the Land Registry when
this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the register
is admissible in evidence in a court to the same extent as the original. A person is
entitled to be indemnified by the registrar if he or she suffers loss by reason of a
mistake in an official copy. If you want to obtain an official copy, the Land Registry
web site explains how to do this.
A: Property Register
This register describes the land and estate comprised in
the title. Except as mentioned below, the title includes
any legal easements granted by the registered lease but
is subject to any rights that it reserves, so far as
those easements and rights exist and benefit or affect
the registered land.
CHESHIRE EAST
1 The Leasehold land shown edged with red on the plan of the above Title
filed at the Registry and beingXXXXX Macclesfield (SK11
6PH).
2 (02.01.1987) Short particulars of the lease(s) (or under-lease(s))
under which the land is held:
Date : 11 May 1815
Term : 999 years from 12 May 1815
Rent : £10.9s.2d
Parties : (1) William Roe
(2) Charles Lea
NOTE: The lease comprises also other land
3 The land has the benefit of the following rights reserved by the
Transfer dated 4 April 1989 referred to in the Charges Register:-
EXCEPTING AND RESERVING unto the Transferors the right to pass and
repass on foot only over and along so much of the said land as is
necessary for the purpose of gaining access to and egress from the
Domestic Residential premises constructed on the land retained by the
Transferors in the title above mentioned.
4 By a Transfer of the land in this title dated 15 April 1993 made
between (1) Francis Stanley Swindells and Philip Leslie Swindells and
(2) Katrina Diane Hyde, the rent reserved by the lease was informally
apportioned as to £5 to the land in this title in informal exoneration
of the land retained by the Transferor.
NOTE: Original filed.
5 The land has the benefit of the rights granted by the Transfer dated 15
April 1993 referred to above.
6 The Transfer dated 15 April 1993 referred to above contains provisions
as to light or air and boundary structures.
7 (05.10.2000) A new filed plan based on the latest revision of the
Ordnance Survey Map has been prepared.
8 Unless otherwise mentioned the title includes any legal easements
granted by the registered lease(s) but is subject to any rights that it
reserves, so far as those easements and rights exist and benefit or
affect the registered land.
B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title number CH361175
2 of 4
Title good leasehold
1 (07.06.2002) PROPRIETOR: EDMUND ANSELM BANKS ofXXXXX
Macclesfield, Cheshire SK11 6PH.
2 (07.06.2002) The price stated to have been paid on 14 May 2002 was
£55,000.
3 (19.07.2006) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated 13 July 2006 in favour of Webb Resolutions Limited
referred to in the Charges Register.
C: Charges Register
This register contains any charges and other matters
that affect the land.
1 A Transfer of land adjoining the southern boundary of the land in this
title andXXXXXdated 4 April 1989 made between (1) Francis
Stanley Swindells and Philip Leslie Swindells (Transferors) and (2)
Macclesfield Borough Council (Transferee) contains the following
covenants by the Vendor:-
The Transferors for themselves and their successors in title hereby
covenant with the Transferee so as to bind the land retained by the
Transferors and every part thereof in to whosesoever the same may
come:-
That the Transferors will within two months of the date hereof in a
good and workmanlike manner using good and sound materials fit for the
purpose carry out all works necessary to the land including for the
avoidance of doubt of infilling necessary to bring the surface of the
land up to the level of and parallel with the surface level of Roe
Street and Water Street Macclesfield to the satisfaction in all
respects of the Chief Technical Officer for the time being of the
Transferee.
To maintain at all times all necessary support to the sub-soil of the
said land to ensure that the surface of the said land remains at the
level of Roe Street aforesaid and in a stable condition fit for use as
a Pedestrian Right of Way and will not allow suffer or permit the
support of the surface of the said land to be reduced or lessened in
any way whatsoever.
At all times hereafter to contribute a fair and reasonable proportion
determined upon or pro rata basis according to user of all payments
costs and expenses incurred by or on behalf of the Transferee in
relation to the maintenance and upkeep of the said land.
2 The land is subject to the following rights granted by a Transfer of 44
Roe Street dated 19 August 1992 made between (1) Francis Stanley
Swindells and Philip Leslie Swindells (Transferors) and (2) Kim
Marcelle Shamim (Transferee):-
"TOGETHER WITH the right (in common with the Transferors and their
successors in title the owner or owners and occupiers for the time
being of numberXXXXXMacclesfield and all persons authorised
by them to use the common yard coloured blue on the said plan for all
purposes connected with the free use and enjoyment of the property
hereby transferred upon payment of one half of the costs of keeping the
said common yard in good repair and condition AND TOGETHER ALSO with
the right (in common with the Transferors and all other persons having
the like right) to pass and repass over and along that part of the
common yard belonging to the adjacent properties and also the
passageway coloured yellow on the said plan for the purpose of
obtaining access from Roe Street to the rear of the property hereby
transferred and egress therefrom to Roe Street upon payment of a
proportionate part of the expense of maintaining and repairing the
same."
NOTE: Original plan filed under CH355456.
Title number CH361175
3 of 4
C: Charges Register continued
3 (24.08.2004) REGISTERED CHARGE dated 19 July 2004.
4 (03.02.2010) Proprietor: SANTANDER UK PLC (Co. Regn. No.(NNN) NNN-NNNN of
Deeds Services,XXXXX Milton Keynes MK9 1AA.
5 (19.07.2006) REGISTERED CHARGE dated 13 July 2006.
6 (10.02.2011) Proprietor: WEBB RESOLUTIONS LIMITED (Co. Regn. No.
6706846) care of Customer Service, Webb Resolutions, Imperial Way,
Newport NP10 8UH.
End of register
Title number CH361175
4 of 4
This is a copy of the title plan on 13 FEB 2014 at 12:41:18. This copy does not take account of any application made after that time even if still pending in the Land
Registry when this copy was issued.
This copy is not an 'Official Copy' of the title plan. An official copy of the title plan is admissible in evidence in a court to the same extent as the original. A person is
entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the Land Registry
web site explains how to do this.
The Land Registry endeavours to maintain high quality and scale accuracy of title plan images.The quality and accuracy of any print will depend on your printer, your
computer and its print settings.This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale.
Measurements scaled from this plan may not match measurements between the same points on the ground. See Land Registry Public Guide 19 - Title plans and
boundaries.
This title is dealt with by Land Registry, Birkenhead Office.
© Crown Copyright. Produced by Land Registry. Further reproduction in whole or in part is prohibited without the prior written permission of Ordnance Survey.
Licence Number XXXXXXXXX

Customer:

It won't let me copy and paste the picture.

Joshua :

Thanks. If you would bear with me for a few moments...

Customer:

Sure :)


 

Customer:

Any luck?

Joshua :

Sory for the delay in reverting to you. Your property appears to be leasehold. It has a number of rights associated with it. Unfortunately these are referred to in documents not set out in full in the deeds and therefore it is not possible to confirm whether you have rights over the remaining court yard without sight of those documents. Specifically your lease and a transfer date 15/04/1993. I don't suppose you have those documents available?

Joshua :

In addition did your solicitor advise you that your property is good leasehold as opposed to absolute leasehold?

Customer:

No, we've never seen those documents - we bought the house in 2002, and the lady who lived there previously bought it in 2000. Where could we get a copy of these? I'm afraid I don't understand the difference between good and absolute leasehold. We don't pay anything - we tried to find the person to make the payments to in 2004, but we couldn't find anyone.

Joshua :

Thanks. I have a few concerns about this - I would hope there is nothing significant to worry about but there are a few issues which you may need to consider resolving with a view to selling the property.

Joshua :

firstly if I may, I will address your question with regards XXXXX XXXXX courtyard at the back. In order to ascertain whether you can take issue with your neighbour, you will need to obtain a copy of your lease from the land Registry if not from your solicitor who acted for you when you purchased the property. You are looking for the schedule in the lease which details your rights and specifically you are looking for a right over the other parts of the courtyard. if you find such a right over any part of the courtyard that the neighbour has worn off, you have a basis to require him to remove the wall to provide you with access. In addition, if you find that he is walled in the area which belongs to you under the lease by reference to file plan, similarly, you can require him to remove such part of the wall so as to restore your access to the land. I will give you the form you need to request a copy of your lease from the land Registry below

Joshua :

in terms of other issues, I am slightly concerned that your solicitor did not advise you that your property was good leasehold as opposed to absolute leasehold. Good leasehold means that the land Registry does not absolutely guarantee your title and there is a chance, albeit I suspect here very remote, that a third party may have a better claim to your property and do you think as above, I would like to reiterate that this is extremely unlikely. You may already be able to upgrade the title of your property to absolute leasehold due to your length of ownership and you would be wise to consider contacting a solicitor to see if this is possible before you sell the same as in general terms the property with absolute leasehold title will be worth more than a property with good leasehold title

Joshua :

the final point relates to your absent freeholder and you may simply need a straightforward insurance indemnity policy which can be obtained through a solicitor when you come to sell the property

Joshua :

Is there anything above I can clarify for you any further?

Customer:

No, that's been really helpful (although I'm more worried now than I was when I got here!!) Thank you very much for your time and your help.

Joshua :

I am very sorry - I do not mean to worry you. in practice, I do not think you have a great deal to worry about in respect of your title and the primary reason I mention it is it is likely that the above issues will come to light when you come to sell the property and it is therefore better if you can get on top of them before you start the conveyancing process rather than madly trying to address issues midway through when you are hoping to move soon

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

This is the form you need to request a copy of your lease and the transfer:
http://www.landregistry.gov.uk/_media/downloads/forms/oc2.pdf

Customer:

it's really good to have a bit of a headstart - we've been on the market for the past two weeks, and we have a number of second viewings later this week. We bought the house from my husband's sister and nothing like this was mentioned when she sold the house to us. If our solicitors had still been trading, would they have charged us for retrieving the information that we still need to get?

Joshua :

No they should not do so. If the solicitors are no longer trading you should be able to find out where your documents are held by contacting the SRA:

Customer:

That's great. Thank you very much for your help.

Joshua :

http://www.sra.org.uk/consumers/problems/solicitor-closed-down.page

Joshua :

A pleasure. I wish you well with your sale.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua and other Property Law Specialists are ready to help you

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