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how to reclaim land when purchasing a property
4 Answers
Hi all
We are about to buy our ex council house that has a shared driveway between our and our neighbours house. My neighbour had already purchased their house and since we moved in 10 years ago they have always had a fence 3/4 of the way in their favour down the centre of the drive (this stops us from parking alongside our house or gaining vehicle access to our back garden).
The road we live in is approx 1 mile long with similar terraced houses for the lengh of the road, all the end of terrace have the same shared driveway and ours is the only one without an equal split.
When we moved in we asked the council about the drive and they said our neighbour had the extra in their deeds, this should never have been allowed.
We would really like the off road parking the sideway would give us.
Could anybody give us some advice on whether we can claim it back or purchase it alongside the house purchase or who to consult.
Our neighbour is a widow without any cars or vehicles at all but is also very unreasonable so we cannot resolve the issue with her directly.
All advice appreciated.
Thanks
We are about to buy our ex council house that has a shared driveway between our and our neighbours house. My neighbour had already purchased their house and since we moved in 10 years ago they have always had a fence 3/4 of the way in their favour down the centre of the drive (this stops us from parking alongside our house or gaining vehicle access to our back garden).
The road we live in is approx 1 mile long with similar terraced houses for the lengh of the road, all the end of terrace have the same shared driveway and ours is the only one without an equal split.
When we moved in we asked the council about the drive and they said our neighbour had the extra in their deeds, this should never have been allowed.
We would really like the off road parking the sideway would give us.
Could anybody give us some advice on whether we can claim it back or purchase it alongside the house purchase or who to consult.
Our neighbour is a widow without any cars or vehicles at all but is also very unreasonable so we cannot resolve the issue with her directly.
All advice appreciated.
Thanks
Answers
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Start by reading some general information, from the Land Registry, about boundary disputes:
http://www1.landregistry.gov.uk/assets/library /documents/public_guide_019.pdf
Having read that, consider whether you think it worthwhile to take a look at your neighbour's title plan. It's available online for �3. (It might also be worth taking a look at the title register. It will cost another �3):
http://www.landregisteronline.gov.uk/
If the dispute can't be solved without formal adjudication, you'll require the services of the Adjudicator to HM Land Registry. You'll almost certainly need a solicitor for this but it would be best to know as much in advance as possible, so follow the relevant links here:
http://www.ahmlr.gov.uk/
Chris
http://www1.landregistry.gov.uk/assets/library /documents/public_guide_019.pdf
Having read that, consider whether you think it worthwhile to take a look at your neighbour's title plan. It's available online for �3. (It might also be worth taking a look at the title register. It will cost another �3):
http://www.landregisteronline.gov.uk/
If the dispute can't be solved without formal adjudication, you'll require the services of the Adjudicator to HM Land Registry. You'll almost certainly need a solicitor for this but it would be best to know as much in advance as possible, so follow the relevant links here:
http://www.ahmlr.gov.uk/
Chris
Pretty much as Chris says.
If the 'neighbour has the extra in their deeds', it will show on their title plan because you will be able to see that the perimeter of their plot does not run down the centre line between the two houses. If that is the case, you've had it I'm afraid - the council has sold them this land and you can't now get it back. It may actually influence what you are now willing to pay for your house. You MUST get this sorted befotre you buy - not afterwards.
It is perfectly possible that the council did make a mistake - but it isn't an access issue - you can still get access, though not by motor vehicle. I don't see how this can now be reversed.
If the 'neighbour has the extra in their deeds', it will show on their title plan because you will be able to see that the perimeter of their plot does not run down the centre line between the two houses. If that is the case, you've had it I'm afraid - the council has sold them this land and you can't now get it back. It may actually influence what you are now willing to pay for your house. You MUST get this sorted befotre you buy - not afterwards.
It is perfectly possible that the council did make a mistake - but it isn't an access issue - you can still get access, though not by motor vehicle. I don't see how this can now be reversed.
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