Hello I am a solicitor with 20 years experience. I will try to help you with this.
What were you told about who owned what in the cul de sac and about what rights of way existed over the grass strip and the turn around area when you bought the property.
If u do not have the documents form when you purchased what do you think the position is and why? How long have you lived there? What usage has been made? No on can legally put a fence around land that does not belong to them. Does the grass strip belong to the new resident?
Hello, thank you for replying.
We were told that it was a Private Cul-de-Sac and the deeds show (red & Black outline) that my house and the cul-de-sac turnaround is mine. There is no mention of ownership of the grass strip, and we 'believed' that we owned the part opposite our homes. The new owner says that the strip is on his deeds but I have not seen them.
We have lived in the cul-de-sac for 10 years, and I have shared the maintaining of the strip with a neighbour
OK you should probably do a land registry search for his property and see what the deeds really say. This can be done on line at https://www.gov.uk/government/organisations/land-registry. The boundaries shown on the title plan are not necessarily definitive but are a good starting point.
Are there any easements or rights of way over your land that you know of? Your solicitor should have told you when you purchased if there were.
I will be on and off this site for a while but will look in again later.
Thank you. I have tried this route and have received an answer that the Property is still pending first registration? The Properties were built in 1978!
There are no easements or rights of way that I am aware of.
Amazing. Is your property registered?
The way to work this out is to go back to the 1978 conveyance as this may well contain the original grant of the plots. Do you still have your report on title etc from your conveyancing solicitor.
Yes, my property is registered.
My bigger concerns is his attempt to access the rear of his property via the turnaround that is shown on my deeds. Can he have access via a private road or can I reject this? His property does not come under the private cul de sac.
No. in the absence of a right of way or an easement then he can only gain access that way if you give him permission.