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Garden access. Neighbour has took access path over

cagneyfan · 2011-03-15 16:15:15

Hi I live next door to an end terrace. There's an access gate between my garden and next doors. I assumed I would be able to access my garden via neighbours garden, but tend not to as they have junk at the bottom and a shelf behind the gate. Looking at my deeds more closely (been in house 5 years!) I noticed that there…

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cagneyfan Posts: 378 Forumite

17 March 2011 at 7:28PM edited 17 March 2011 at 7:31PM

I've just looked at the land registry site and I had two options for the same property - one had leasehold and one had freehold. Do I need to buy them both? Is this the right thing I'm meant to be getting. I can't find anything that says land deeds!!! Oh I'm so !!!!!!! hacked off. I feel like setting my sodden house on fire - no problem anymore!.

I'll not bother you all anymore as previous post said, I'm just getting more and more confused.

Thanks anyway for your help

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Mojisola Posts: 35,571 Forumite

17 March 2011 at 7:33PM

Mojisola wrote: »

This - https://www.gardenlaw.co.uk/phpBB2/index.php - is a good, free site for advice about such problems.

Did you try gardenlaw. The people on there are very helpful and will explain very simply what you need to do.

It does sound as if you have a Right of Way and you need to defend it or you will have problems when you come to sell.

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David_Aston Posts: 1,160 Forumite

18 March 2011 at 4:53PM

I was just wondering cagneyfan, if the gardens on the other side of your property are a little shorter than your own and the neighbour you have mentioned in your post. In other words, that they have a path to their rear gardens. If this is the case, it would seem to imply that both your own garden and next doors have been extended over the path. If this should be the case, it would help with any reasonable conversation you might have with your neighbour re access. I also suppose it would mean that you might need to move your own fence towards your house.

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princeofpounds Posts: 10,396 Forumite

18 March 2011 at 7:14PM

You may need both leasehold and freehold. Go for leasehold first. If the path issue can be decided by the deeds of both leaseholds that's great, but it's possible that the path is not allocated to either leasehold. In which case you would need to look at freeholds because it is then probably allocated to the freeholder or, perhaps but unlikely, to an entirely separate leaseholder again.

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G_M Posts: 51,977 Forumite

18 March 2011 at 8:24PM

cagneyfan wrote: »

I've just looked at the land registry site and I had two options for the same property - one had leasehold and one had freehold. Do I need to buy them both? ....

Thanks anyway for your help

Deep breaths! Calm down. Stop shouting!

When you bought the house, did you buy the leasehold or the freehold or both? If you're not sure, just buy both from the land Reg. They are only £4 each!

Section 1 of the Title will show the name of the owner, so if you get the lease Title, and your name is there, then that is what you own. Then buy the Plan to go with the lease.

Same with the freehold.

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WhiteHorse Posts: 2,492 Forumite

18 March 2011 at 8:51PM

cagneyfan wrote: »

Land Certificate?

It's what replaced deeds for properties sold after a certain date. Not many ordinary properties still have deeds. Yours certainly won't.

I've looked through all the paperwork the sollicitor sent me after I moved in but none of it makes any sense to me.

The Land Certificate is clearly marked. If you don't have it, the solicitor may have held on to it for safekeeping. If it is not to be found, apply to the Land Registry for a new one.

I've not been able to find out anything regarding who owns that piece of land and don't know how to find out.

Land Registry form OC1. Print out and send or do the whole thing online.

Not covered in household insurance. It's due for renewal in May. Would I be legally entitled to get that in my renewal, or would it look suspicious if in a few months time I suddenly need legal advice - when I've never taken out legal coverage before?

Yes, take it out. You aren't actually in dispute yet, are you? You are just mulling over the situation.

Always take out legal cover. It costs very little, but gives you peace of mind and could save you thousands.

"Never underestimate the mindless force of a government bureaucracy

seeking to expand its power, dominion and budget"

Jay Stanley, American Civil Liberties Union.

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