How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Property Law Question Here...
Joshua is online now

I live on an unadopted road. myself and neighbour park on this

Resolved Question:

I live on an unadopted road. myself and neighbour park on this road on a recessed area we believe belongs to the adjacent house and for which we have permission. however, a house whos back garden communicates with our unadopted road wants to use part of the back garden to park their car and they say we can no longer park where we do as it would cause them a little difficulty getting into their garden. my question is, does the law state we have to do as they say so they can have easy access? I've checked the title maps of the few houses whose frontage is on our street, wood terrace, bb7 4ay but it doesn't state ownership of this part of the road.
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 :

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?

Customer:

yes. for the two houses which back on to this area of road, their boundaries do not include the road

Joshua :

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?

Customer:

ah. I've only downloaded the title plans for the two houses

Joshua :

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

Customer:

can I just print out the area from a map and send it to them?

Joshua :

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

Joshua :

www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf‎

Joshua :

there is a fee of 5 pounds in order to carry out the search

Customer:

and that should solve the issue? thanks, XXXXX XXXXX

Joshua :

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

Customer:

they bought the property 3 years ago so 20 year thing shouldn't apply.

Customer:

thanks for the help and advice

Joshua :

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

Joshua :

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

Customer:

having difficulty with the web address to download the form.

Joshua :

I am sorry to hear that. Would you bear with me for a few moments while I check...

Joshua :

This is a word version:

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.doc

Joshua :

This is a PDF version:

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

Joshua :

They both work for me when I open them. And you?

Customer:

worked. thanks

Joshua :

Thats great. Do let me know if i can assist any further as things move forward.

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 please reply back to me though.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.