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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Mr & Mrs Russell purchased a property and created a fish and

Customer Question

Mr & Mrs Russell purchased a property and created a fish and chip shop in 1950s.The property was attached to an old coaching inn by way of rooms above the entrance to the rear area that coaches used now cars use it to access a supermarket car park.
The area at the rear of the was a cattle mart and old building that again were attached to our building at the rear.
In 1994 Mrs Russell applied for and was granted planning permission to build a concrete building for use as storage and to park the business vehicle. Mrs Russell used the building for about 35yrs before she sold,successive owners continued to use the garage and we bought it in 2001 and continued to use it.
As we purchased the business and building from a liquidators the garage was not in the conveyance but a previous owner and local councillor confirm the garage was part of our business.
In 2002 the supermarket contacted us about demolishing the old cattle mart building to enlarge their store and car park and wanted to include our garage in their plans. Negotiations and discussions for our interests in the garage took place over a couple of years various plans and amendments were made and a number of incentives were offered to us for our interest in the garage including permanent private parking spaces for our vehicles which we agreed too.
A letter dated the 19th of August 2005was received from the supermarkets agents informing us they owned the garage giving us notice to remove our goods as it was to be demolished on the 29th of August less than a week's notice.
The arrangements re the provided private parking I was told were only proposals and and not formalised therefore they would not be provided.
Further I was told by the agent that if I were to try to delay the demolition they would claim against me which we could not afford.
The garage was demolished later but we have continued to use the space to park our vehicles until now. We fixed a sign a metre tall informing all it was our private parking and marked the boundary area with broad yellow lines
In June we received another letter informing us the supermarket had registered with Land Registry in May 2005,We had never been informed of their intention or the registration
We have now received a further letter telling us to remove the sign and vacate the land.
I have been in touch with Land Registry who are sympathetic but say there I little or nothing they will do.
The supermarket made a sworn declaration of truth on the Land Registry application that is incorrect,in it they state the sit has always been used exclusively by them and for their customers.
No person has claimed ownership or prevented them from using the same and that they have not acknowledge any person as owner of any part of the site.
On the FR1 it states all rights interests and claims have been disclosed.
There is no one in adverse possession of any part of the property
All of which is incorrect and they were aware it was false.
That,s the background
Is there anything we can do do we have any options we can take to protect our parking
We have been on the site daily for 14years
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi. Thank you for your question. My name is ***** ***** I will try to help with this.Thanks for your interest in me but this isn't my area.I will opt out.
Customer: replied 3 years ago.

If you opt out who is there available who can give an expert reply?

Expert:  Nicola-mod replied 3 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

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Customer: replied 3 years ago.

Yes I can wait for an answer,but only until 12noon tomorrow please confirm you can provide the answer and information.

Thank You

Customer: replied 3 years ago.

If you can provide the answer before 12 noon tomorrow I can wait.Please let me know.

Thank You

Customer: replied 3 years ago.
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So far no answer to the question
Expert:  Nicola-mod replied 3 years ago.

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Thank you for your patience,
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