We'd like to remind Forumites to please avoid political debate on the Forum... Read More » This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Neighbour has access to my back yard. Could this be a future problem?

anticlaus105 · 2011-01-22 23:46:32

Sorry if this isn’t quite the right place but here goes: I own a terraced commercial property. The property next door has a flat above and an extension that opens into my back yard. My back yard then has a gate opening onto the street. The person in the flat tends to use the yard as theirs. I don’t really use it but they…

Options

Comments

C_Mababejive Posts: 11,668 Forumite

24 January 2011 at 11:01AM

It appears to me that he has decided to use up all his back yard with this construction. Becuase he has then decided that the doorway will be on the side,he has built upto the notional build line which divides the properties and has then purloined your back gate for access!

Why does did he not make an access at the end of his shed with a door out into the back entry?

You really need to sort this out and the starting point is the landreg docs and deeds.

Having a right of access across your property is not the same as being able to use it..for example for socialising or as a dog yard.

Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
0
anticlaus105 Posts: 475 Forumite

24 January 2011 at 12:39PM edited 24 January 2011 at 12:46PM

I just downloaded the land registry title register and title plan. I will post some details but am not sure if it helps me. It seems to clump a portion of land together and covers a few addresses along the row. It makes no mention of the actual property owners just the land/leaseholders. It has a few categories.

A: Property Register – mentions leases in 1870.
B: Proprietorship Register – Title absolute - lists the chap who charges me chief rent.
C: Charges Register - Schedule of notices of leases – lists all 5 properties when the lease stared and the length.

The final page has a map with an outline around the 5 end properties on the terraced row. The outline actually covers some of the road.

Have I downloaded the wrong thing?

EDIT: I think I also need a copy of the title deeds. These didn't come up as an option when I searched the land registry. I also found this site http://www.landsearch.net/services.asp which kindly offers what I paid £8 for for £37 instead. Nice.

Does anyone know where I can obtain a copy of the deeds?

0
pineapple Posts: 6,934 Forumite

24 January 2011 at 1:06PM edited 24 January 2011 at 1:15PM

Surely this is the sort of thing we pay solicitors for at the point of purchase? If there is a right of way, which was not pointed out at the start, maybe you have a claim against the solicitor.
Whatever I can't even imagine this extension having been given planning permission without right of way having been granted.
Dog mess is another issue. I used to live in a row with communal access and my next door neighbour continually let her dog out to crap on my grass. It ended the day I shovelled it up and deposited it on her doorstep with a note saying 'I believe this belongs to you'.

0
RAS Posts: 35,684 Forumite

24 January 2011 at 1:23PM

anticlaus105 wrote: »

I The outline actually covers some of the road.

Have I downloaded the wrong thing?

This is normal for buildings of this age. The roads behind houses were owned by them, with the boundary at the half way point, mine still is as it has never been adopted by the Council. This enabled a neighbour to build an extension covering his whole yard, because he "owned" half the roadway alongside the property.

If the exit from the red building is not onto the road, I suspect your back road has been adopted. Check with the Council.

If you've have not made a mistake, you've made nothing

0
MissMoneypenny Posts: 5,324 Forumite

24 January 2011 at 1:26PM
anticlaus105 wrote: »

EDIT: I think I also need a copy of the title deeds. These didn't come up as an option when I searched the land registry. I also found this site http://www.landsearch.net/services.asp which kindly offers what I paid £8 for for £37 instead. Nice.

Does anyone know where I can obtain a copy of the deeds?

https://www.landregistry.gov.uk/wps/portal/Property_Search

For properties you are interested in, you can download:

a title register where you can find out who owns the property, price paid/value stated information if sold since April 2000 and any rights of way or restrictions on the land noted on the register for only £4view title register example) (

a title plan defining the property for only £4 (view title plan example)

a Flood Risk Indicator result showing the probability of flood for the individual registered property, produced with data supplied by Environment Agency for only £6.50 (excluding VAT) (view Flood Risk Indicator result example)
RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.

0
MissMoneypenny Posts: 5,324 Forumite

24 January 2011 at 1:28PM

Try the garden Law web site, Right of Way board.
http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8

RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.

0
anticlaus105 Posts: 475 Forumite

24 January 2011 at 2:48PM edited 24 January 2011 at 3:24PM
MissMoneypenny wrote: »

https://www.landregistry.gov.uk/wps/portal/Property_Search

For properties you are interested in, you can download:
a title register where you can find out who owns the property, price paid/value stated information if sold since April 2000 and any rights of way or restrictions on the land noted on the register for only £4view title register example) (

a title plan defining the property for only £4 (view title plan

That is what I have downloaded. For some reason it seems to refer mainly to the land the property occupies with very little about the actual property. I downloaded for my property only but got the details for the 5 neighbouring ones along with the title plan picture covering them all (shown above).

I am now beginning to think that both were owned by the previous owner as someone else mentioned and that is why the access goes into my back yard. I have the previous owners details so am going to call him.

edit: they were not both owned by the same person.

I have callled the council planning dep and they are going to get a planning officer to call me within 48h.
0
Yorkie1 Posts: 12,037 Forumite

24 January 2011 at 10:18PM

I notice you mention that you pay 'chief rent' to someone. Do you own your property leasehold or freehold? If the former, what does your lease say? You might need to ask the freeholder if they have further information?

0
anticlaus105 Posts: 475 Forumite

24 January 2011 at 11:45PM

Yorkie1 wrote: »

I notice you mention that you pay 'chief rent' to someone. Do you own your property leasehold or freehold? If the former, what does your lease say? You might need to ask the freeholder if they have further information?

The freehold is actually with he local council. If doesn't say this in the title register though. There is no rent on this. The chief rent is something poxy like £4 per year. The chap offered to sell it to me for £500 + his legal fees. I never knew about cheif rent until I received a demand for about 3-5 years worth but looked it up and it seems legit. Plus I now notice he is listed in the title register. He said he doesn't mail often because of the minimal amount.

I read a while back you can apply to a tribunal who decided how much you should pay to get rid of cheif rent under the Rentcharges Act 1977. At some point I may look into this furhter but I got a bit cross eyed with it all TBH.

0
Running_Horse Posts: 11,809 Forumite

25 January 2011 at 8:48AM

From the picture it looks as if several neighbours have extended to their boundaries.

How do they access those extensions?

Been away for a while.
0