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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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How would I get access via an unadopted road to park my car

Customer Question

How would I get access via an unadopted road to park my car at the back of my property. Would it simply be a question of asking my neighbours permission (of which there are 4) or do I need to go down a more formal route. Do I need to have it in writing or even confirmation in my house deeds to prove it has been agreed?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Who actually owns this road and who actually has the right to go over it at present?
Customer: replied 2 years ago.

As far as I know the 4 properties, who are my neighbours to one side, are expected to maintain the road. Ive been told it is an unadopted road by one of them, who has already agreed that she doesn't mind me having access. It is a no through road, the only access being to the 4 properties themselves. This borders on the back of my yard though, where I have a small out building. Im hoping to take down this building, thus giving me the space to park my car there. Don't know where to go from here though!

Expert:  Remus2004 replied 2 years ago.
Just because the road is unadopted does not mean that no one owns it. It simply means that the local authority do not maintain it.

Just because the neighbours have the right to use it and may pay for maintenance of it, does not mean that they own it either.

You can do a search of the index map at the land registry using form SIM to ascertain whether the property is registered or not.

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

You are going to need to attach a scale plan from the ordnance survey highlighting the area you are enquiring about. A plan of Google Earth is not acceptable to the land registry. The fee keeps changing but the last time I looked it cost £4

You can get the deeds plan for the adjoining property here

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and use the deeds plan to highlight the area of the road that you are enquiring about.

Land registry will either give you a title number from which you can get the deeds using the above link and then find out who owns the road or they will tell you that it is not registered. If it is unregistered it is a case of making enquiries locally as to who owns it and there is no better place to start than with the neighbours.

If the owner is not known you can probably use it until such time as someone comes out of the woodwork and claims ownership and asks you to stop. If it is registered, you can ask the registered owner for a deed of easement giving you consent to use the road.

If you have used it without consent for 20 years, you can then claim an easement under the Prescription Act.

Can I clarify anything for you?
Customer: replied 2 years ago.

Thanks, that is quite a bit to take in. Il look in depth at your reply later to make sure I understand. Can I leave this open until tomorrow in case I need to ask anything further. Enjoy your evening!

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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