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my deeds imply next door has a room on our deeds

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pammy67 | 12:20 Sun 03rd Dec 2006 | Property
5 Answers
our property is of an unusual shape and next door actually have a room within the boundary of our house. On the deeds there is a straight line but in reality they have a room between our dining room kitchen and livingroom. This room would make such a difference to space in our house. We have approached them regards purchasing but they are not interested.
We recently looked at our deeds and to our surprise discovered that this room is on our deeds.
What rights do we have, they are good neighbours and dont want to fall out (if poss)
any answers gratefully recieved
thanx
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I would tread very carefully and look at the following points.
1) Is there an error in the deeds
2) Are you positive that the deeds do not refer to this room. Do not relay only on the paln. This type of arrangment is not unusual fit is called a flying freehold
3) How long has the situation been in place.
4) It may be that the room is defined in the deeds of the house next door.

I would not hold out any hope that you can claim this room
If your property and that of your neighbour is Registered then it is only how the properties are Registered at the Land Registry which counts now, not the deeds. You can easily see your Register and Plan, and that of your neighbour, by going here http://www.landregisteronline.gov.uk/lro/servl et/TitleSearchServlet?searchType=advanced
and following the instructions. Unfortunately if it is not Registered then it is not possible to get a sight of your neighbour's deeds other than by asking them.
If this has been the situation for more than 12 years the neighbour would have a legal right to claim it as their own.
Mustafa is partly right and partly not: whether or not registered, the lease - if it's leasehold - is vital.
you need to get more of an accurate idea of what your rights are considering the property boundaries.
this website supplies all the documents necessary:
http://landsearch.net/index.html
and then good luck with your neighbours

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