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Query for land registry rep or anyone who may know

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need_an_answer
need_an_answer Posts: 2,812 Forumite
Ninth Anniversary 1,000 Posts
edited 30 June 2013 at 4:29PM in House buying, renting & selling
The very old title deeds of my property suggest that the boundry of of our house extends halfway into the road its built on...but does not suggest who owns the other half of the road...the old title deeds are of the development when it was "off plan" in the 1920's so its not an easy case of going back to the developer to clarify and it would appear that this section has of the road has not been adopted at the same time or since a portion of the road was further along in the 1970's.

I am assuming that the road is unadopted or private as it is not maintained by the highways dept,has no kerbs,streetlighting or the other trappings that could suggest it is a maintained road....it also bears a sign erected some years ago advising "private road..no unauthorised parking"


there are several other houses that are now claiming the right to park on the road as they view it no differently to the adopted area of road further along....and refuse to park elsewhere until the situation is clarified...there are possibly 4 houses who I think will have the same rights as my house but none of them are able to see it listed on their deeds.

I have obtained a land cetificate from the land registry which is on a scale of1:1250 and shows my house boundry but makes no mention to include details of the area of road mentioned in the older title deeds.

Is there a way to request a more detailed plan of who owns what along the area in question...or would anyone have a DIY idea of how to proceed without the expense of a solicitor?
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  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    anyone have a DIY idea of how to proceed without the expense of a solicitor?

    A digger and a few very large boulders, strategically placed? :cool:
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    edited 30 June 2013 at 4:27PM
    I like that tactic however I am aware that a right of way needs to be maintained over the road for access to other surrounding properties,so sadly your suggestion is not the best way forward!
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  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I like that tactic however I am aware that a right of way needs to be maintained over the road for access to other surrounding properties,so sadly your suggestion is not the best way forward!

    I wasn't suggesting you block the road, just make it impossible to park. If your other immediate neighbours are in agreement, they might even chip in.

    The same thing could be achieved more attractively with a little careful landscaping, but if anyone thinks they have rights, then a temporary solution is the way to flush their 'evidence' out.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    Parking has been agreed on on bit of the road for the 4 houses who I believe have rights to park there but the problem seems to be that if not all 4 spaces are occupied then someone else will park there.

    Unfortunately the area has too many cars and people see a space without taking into account the signage that is there.
    At the moment it seems whenever I need/want to park there,no space is available....if I polietly ask them to move I get a barrage of abuse...so I'm now needing clear clarification of how I find out who owns the road.
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  • jamie11
    jamie11 Posts: 4,436 Forumite
    Myself and the neighbours in our road installed a gate across an access road to the rear of our houses, there had been trouble with travelers entering and staying there. Everybody has a key to the security lock and it's worked for the past 15 years, I think my share was £30. It's only a small cul-de-sac though.
  • martinthebandit
    martinthebandit Posts: 4,422 Forumite
    Eighth Anniversary 1,000 Posts
    A couple of these should secure you a parking place on the bit of road you appear to own http://www.ebay.co.uk/itm/Maypole-High-Visibility-Fold-Down-Driveway-Parking-Security-Post-Lock-FREE-post-/281077235615?pt=LH_DefaultDomain_3&hash=item4171823f9f

    or, as someone else has posted it may flush out the evidence that you don't own it.

    ....... and the posts will probably be cheaper than a solicitor etc
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    jamie11 wrote: »
    Myself and the neighbours in our road installed a gate across an access road to the rear of our houses, there had been trouble with travelers entering and staying there. Everybody has a key to the security lock and it's worked for the past 15 years, I think my share was £30. It's only a small cul-de-sac though.

    Sadly we cant do something like that....we are based on a stretch of road about 100m in length where there must be a permenant right of way for vechiles etc to support a network of about 200 houses in the immediate area....too many keys needed!!!!

    Half of the road was adopted back in the 1970's but it seems that the area we are on was not...although I fear that the land registry plan may just show that the whole road has been adopted but thats certainly not the case in practice.
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  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts

    ....... and the posts will probably be cheaper than a solicitor etc


    posts are a good idea but I think I'm hoping of finding or at least clarifiying that we do own some of the road before putting in posts...at the moment vechiles drive over the portion that I think we own and the parking spaces are on the bit of the road that I though was owned by a neighbour but he says its not on his title deeds...his deed are even older than ours as his suggest the whole area is fields!

    Hence my need to find the most up to date detailed information the land registry holds.
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  • Itismehonest
    Itismehonest Posts: 4,352 Forumite
    Our lane is adopted but has none of the trappings (kerbs, streetlighting etc) so I don't think they can necessarily be seen as proof of anything.

    In case it helps you, in our instance ownership works as it would have prior to the lane existing.
    So, we own the land to centre of the lane, the owner of the land on the other side of the lane owns their half. The road surface itself is owned by the Council Highways department.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    So, we own the land to centre of the lane, the owner of the land on the other side of the lane owns their half. The road surface itself is owned by the Council Highways department.

    That was my understanding until I spoke to my neighbour who informed me his boundry is fields ...and our road surface is most definately not owned or maintained by the highways department.
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