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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.
May I ask if you have carried out a search of the index map in respect of the area of road in question please at the Land Registry?
yes. for the two houses which back on to this area of road, their boundaries do not include the road
Thanks. May I clarify whether you have just downloaded title plans for those two houses or whether you have carried out an index map search on the area of land itself?
ah. I've only downloaded the title plans for the two houses
thank you. The first step would usually be to carry out a search of the index map which is a different exercise to that which you have quite correctly and understandably carried out. A search of the index map is a procedure whereby you send the land registry plan showing the area you wish to search and they compare that to the register and tell you whether there is a registered proprietor of that area of land or not
can I just print out the area from a map and send it to them?
you can carry out a search of the index map using form SIM (link below). you will need to include a plan with your application and she may consider simply using one of the title plans you have downloaded shading the appropriate area you wish to search on the same
there is a fee of 5 pounds in order to carry out the search
and that should solve the issue? thanks, XXXXX XXXXX
if you find is a registered proprietor of the land, and you have their permission to park on the same, unless the individual who is disputing your rights can demonstrate a right-of-way either formally granted by deed or alternatively because they have exercised a right-of-way for 20 years or more over that area, then you can continue to park as you have been previously
they bought the property 3 years ago so 20 year thing shouldn't apply.
thanks for the help and advice
if you find there is no registered proprietor and the position is less straightforward. if there is no registered proprietor then the area of land can be considered to be potentially in dispute. in the circumstances, the owner of the land he wishes to restrict your parking would still need to evidence right of way over the land in question as discussed above in order to prevent you from parking there. Alternatively, if you can show you have parked there for a period of 20 years or more without permission from the landowner, you may be able to establish a legally enforceable right to continue to do so
the position will become clearer once you have the result of the index map search. If I can assist any further as the situation develops please do not hesitate to revert to me
having difficulty with the web address to download the form.
I am sorry to hear that. Would you bear with me for a few moments while I check...
This is a word version:
This is a PDF version:
They both work for me when I open them. And you?
Thats great. Do let me know if i can assist any further as things move forward.
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