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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10257
Experience:  I have been practising for 30 years.
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In “ad medium film” situations, where the midline is taken

Customer Question

In “ad medium film” situations, where the midline is taken as the centre of the road, does a house at the end ie across the end of the road where the road terminates, have any rights over how the centre line ends?
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
The “road” in question is unregistered land
Customer: replied 4 months ago.
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Customer: replied 4 months ago.
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Expert:  F E Smith replied 4 months ago.

Could you explain your situation here in a little more detail please?

Customer: replied 4 months ago.
I will send photographs of the OS plan.
We (Freemasons) have occupied Wallington (formerly Masonic) Hall since at least 1929 and parked alongside out frontage since then. Our caterers have used the kitchen entrance regularly x3/month and our members have parked there whenever maintenance is required. We also stock our bar using this entrance. Much longer than 20 years.We were on 1000 year lease from the Church but as they could no longer afford the upkeep we bought the freehold at auction in 2010. We let out part of the hall as a community asset and our customers park along our frontage. We are told that we have prescribed rights to park along our frontage (top part of Druces Hill). This is unregistered land. Recently a new neighbour has bought no 29 and claimed that we have no parking rights. She has a right of access over the area but no parking rights. We have been told that we can claim ownership of one half of the area using “ad medium film” rules. This is apparently explained in Halsbury’s Laws vol 55 para 220. What we don’t know is how this line would be treated at the end where it come to the end. We have been told that the two houses 29 and 29 would not be included in a share
of this area. Is this so of not?
John Pearson
Expert:  F E Smith replied 4 months ago.

Thank you. I appear to have three copies of the title plan and a result of the search of the Index Map showing that whichever land was enquired about (I don’t have a plan of the land was enquired about unless what I thought was the title plan was the Search Index Map plan).

I’m afraid that the plan means nothing without a narrative.

You refer to 29 twice. I don’t know what that duplicate reference means.

I assume that the church hall you are referring to is the hall called the Church hall on the plan. If not, please explain.

Cutting through all that, if the occupiers of your premises have used an area which is privately owned, for parking, for more than 20 years or just for access for more than 20 years, (without objection and without consent and not in secret) then you can claim the right of access and/or to park under the provisions of the Prescription Act. In my opinion therefore the “halfway ownership” isn’t relevant because it wouldn’t matter who owned the brown area, you have acquired the right to park under the Prescription Act. In fact, if people are parked in this area since time immemorial, you could also claim the right to park under the doctrine of Lost Modern Grant. This is a legal fiction whereby people have done things for so long and have done so without objection and without an consent and without objection that it must have been done formally by a deed but that the deed has got lost in the mists of time.

What you can’t do of course is obstruct any access which 29 has over that area.