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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25458
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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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.

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