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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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Hi, I am in a rented property on a new build estate. my property

Resolved Question:

Hi, I am in a rented property on a new build estate. my property also comes with a garage (not attached to the house but under a flat) i have been having a dispute with the owner of the flat due to me parking my car outside my garage door. (My garage is one of four garages under his flat) my car in no way blocks his garage of access to his flat but he is convinced. that i am not allowed to park my car there. He claims that he owns the land in front of my garage. (He is not the owner of the house i am renting) i can not see how he says i cannot park my car in front of my own garage. Is he right can the owner of a flat above garages own the land in front of all the garages? surely this would mean i am trespassing to enter my garage?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you checked the deeds?
Customer: replied 3 years ago.

Hi Jo, i am in the Royal Navy so i rent the house i am in from them (HCR) who then deal with the letting agents PDQ who then deal with the land lord. I have phoned HCR and asked then PDQ got in touch and told me that the landlord says he used to park infront of the garage when he was living here and was never a problem but he is going to check the deeds (he still has not got back to me) the owner of the flat claims its in his deeds that the land is his. He has not proved that to me yet though.

Expert:  Remus2004 replied 3 years ago.
I suggest that you get the deeds to his property because then you will find out whether he owns the land or not.
They are available online from the land registry by following this link at a cost of just £6. The title deed will cost £3 and the plan will cost £3. You will need both.
Once you have that, you will be in a better position to tackle the neighbour or re-but what he says.
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
just because you have the right to pass over the land to go into the garage does not necessarily mean that you have the right to park on the land.
It would be worthwhile also getting the deeds from the property that you are renting to see whether that land is included with the property.
You may need to get the deeds for the garage if the garage is on a different title.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Thank you very much for your help Jo

Expert:  Remus2004 replied 3 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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