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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I currently own five out of seven garages on a piece of land

Resolved Question:

Hello,
I currently own five out of seven garages on a piece of land that my brother owns. I've had these for 15 years. He is now planning on selling the land along with his house next door privately. He is going to put a fence up 4ft away from the garage doors to separate my garages from the land. I have always had vehicular access which will now be restricted to pedestrian access. This will restrict my use of the garages. Do I have any rights legally to object to this?
Submitted: 8 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 8 months ago.

Hi, could you confirm if you own the Freehold to the garages? Did you buy or acquire the 5 garages from your brother? If you own the Freehold interest in the 5 garages, do you know if your Deeds grant any right of way to the public highway? I look forward to hearing from you. Al

Customer: replied 8 months ago.
I purchased the garages from my brother and wrote a document stating that I own them and himself, his wife, myself and my wife signed it. The original deeds haven't been altered
Expert:  propertylawyer replied 8 months ago.

Do you have title to the garages? What was the document you signed? Unless it was a conveyance or transfer then you will not have title. Do you have a copy of the document?

Customer: replied 8 months ago.
I do have a copy of the document. It states that I now own them and have to give my brother first refusal if i ever decide to sell them.
Customer: replied 8 months ago.
I do have title
Expert:  propertylawyer replied 8 months ago.

Can you scan and attach that document. I Would like to see it .

Customer: replied 8 months ago.
I'll forward it to you tomorrow. It's at my office.
Expert:  propertylawyer replied 8 months ago.

Thanks, ***** ***** take a look and then I can advise.

Customer: replied 8 months ago.
Hello,
I have attached the documents. The original agreement and the updated version. Also the email stating my brothers intentions.
Expert:  propertylawyer replied 8 months ago.

Thanks

This is tricky. Whilst those papers suggest a transfer of ownership they are not technically 'legal' as they do not satisfy the criteria to transfer property and the transfer should have been registered.

This needs to be addressed by a proper transfer to you including adequate rights of access. Your position currently is very weak on the basis of those papers. You need a formal deed to transfer the land.

Customer: replied 8 months ago.
Ok, thank you. Would you know if there are legally any adequate rights of access? As they are garages, they would generally be used to store a vehicle. If there is a fence in front of them it defeats the purpose of a garage.
Expert:  propertylawyer replied 8 months ago.

Sadly you do not qualify for a prescriptive right. You 20 years continuous activity to obtain a prescriptive right.

Is there any way to negotiate vehicular access with your brother and to put those 'contracts' into formal deeds to properly transfer the land so you can register and get legal title?

Expert:  propertylawyer replied 8 months ago.

Hi, any further questions or queries? Happy to assist further.

Can i please ask you to take a moment to accept my answer. It is how the site works for me to receive credit for helping you.

Expert:  propertylawyer replied 8 months ago.

Just following up to see if you need any further assistance.

If not, please can I ask you to accept / positive rate my assistance. Many thanks.

propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience: Property solicitor with expertise in commercial and residential property transactions.
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