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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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Dear Sir/Madam, We live in a private cul-de-sac which is an

Resolved Question:

Dear Sir/Madam,
We live in a private cul-de-sac which is an offshoot of a Public Cul-de-sac of the same name.
We have a grass strip that runs approx 3/4 of the length of the cul-de-sac hwich we have maintained in terms of mowing and wedding as we believed that it belonged to the six houses in the road (It is opposite our homes on the other side of the roadway itself).
The grass strip runs alongside the side of a small detached Bungalow which comes under the public part of the Cul-de-Sac at the top of our road, and the new owner is being very aggressive with its usage.
Due to being very narrow and only having a driveway for one car, on occassion we have to drive with two wheels on the grass strip to leave the cul-de-sac. I have converted my drive to take two cars, but my neighbour above hasn't, hence the need to pass partially on the grass. The new owner of the Bungalow states that he is going to put boulders on the grass to stop this from happening, which he may be entitiled to do, but how does that sit with access. Also, what is he allowed to do/not allowed to do with this strip. My worry is that he will put a fence around it.
The second part of my question relates to the turnaround section at the bottom of the Crescent which is on my deeds. The new Owner of the Bungalow wants to have access to allow his vehicles to park at the rear of his property through this turnaround. Is he allowed to do this?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

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.

LondonlawyerJ :

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?

Customer:

Hello, thank you for replying.

Customer:

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.

Customer:

We have lived in the cul-de-sac for 10 years, and I have shared the maintaining of the strip with a neighbour

LondonlawyerJ :

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.

LondonlawyerJ :

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.

LondonlawyerJ :

I will be on and off this site for a while but will look in again later.

Customer:

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!

Customer:

There are no easements or rights of way that I am aware of.

LondonlawyerJ :

Amazing. Is your property registered?

LondonlawyerJ :

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.

Customer:

Yes, my property is registered.

Customer:

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.

LondonlawyerJ :

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.

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