Neighbour bought the land which possibly block the only access of my property...

arlee

Hi Everyone, appreciated for some help here...

My bungalow is situated on a narrow lane between 2 rows of houses (their back gardens), the main access is from the car park of the block of flats at the front where the main road is. Mine is the first bungalow and there are 4 more down the lane.

There is a small piece of land at the front of my bungalow, half of which belongs to my property and the other half (land 1) now bought over by one of my neighbour and he also bought over the path way (land 2) at the side of my property all the way down the lane.

Above mentioned 'Land 1 and Land 2' are not marked on my title plan and my property doesn't have right of way (this is possibly one of the legal defect of my property which was bought cash only).

The neighbour just emailed me about the land he bought over and he plans to mark one or two parking spaces at the front of my property on the land now belongs to him.

If he does park 2 cars right in front of my land, this will block the only access to my property, at the moment I can park 2 cars right next to my living room window on my own land.

So what is my legal right? can I ask my neighbour to offer right of way to his land? (or by law does he have to give right of way to other properties if his land is the only access ?)

Thanks a lot!

GrowingUp

how long have you been passing across the land to park on your land?

G_M

Will this prevent vehicular access only, or foot access as well?

arlee

I have been parking my car via now his land in the past 2 years, I believe the previous owner did the same as well before (the bungalow was built in 2005)

If my neighbour does put any any sort of barrier on his land, it will prevent both vehicular and foot access.

G_M

Oops!

When you bought the property, did you do the conveyancing yourself?

If not, I guess you may have a claim against your solicitor - unless, of course, he pointed out the lack of a ROW and you chose to proceed with the purchase anyway.

GrowingUp

also worth looking into proving how long it has been a ROW (check google maps as it may help)

if i recall correctly, there is something in planning about an assumed ROW if it has been usd more than a set length of time (and it provable)

System

If it is a barrier to still allow him to park there then there must still be access on foot surely? (Unless he puts a solid fence along the joint boundary.)

Was the land and the bungalow owned by the same person? Is there anything in your deeds reserving rights?

arlee

G_M wrote: »

Oops!

When you bought the property, did you do the conveyancing yourself?

If not, I guess you may have a claim against your solicitor - unless, of course, he pointed out the lack of a ROW and you chose to proceed with the purchase anyway.

I bought the bungalow at auction, so exchanged on the auction day, the solicitor who did the conveyancing went busted...

I was advised on the phone that the property have right of way, but now I look into details of my Deed and title plan, there is no mention of this ROW at all.

arlee

!!!!!! wrote: »

If it is a barrier to still allow him to park there then there must still be access on foot surely? (Unless he puts a solid fence along the joint boundary.)

Was the land and the bungalow owned by the same person? Is there anything in your deeds reserving rights?

Yes, He owns the last bungalow down the lane, there are another 3 bungalow between mine and his.

pinkshoes

Will all 4 bungalows lose their access?

Was there no mention of the ROW in the legal pack which you read (??) before bidding?

Strapped

I forsee your neighbour agreeing to a ROW in exchange for a large sum of money off you and your other neighbours.