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Private right of way/parking question

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Comments

  • bouicca21
    bouicca21 Posts: 6,727 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I think we need a diagram - even if new guy owns the lane and the area currently used for parking he may not have the right to park there himself, if it obstructs access for the other two. What exactly do the deeds for all three of you say? Download them fron the land registry.
  • AnnieO1234
    AnnieO1234 Posts: 1,722 Forumite
    bouicca21 wrote: »
    I think we need a diagram - even if new guy owns the lane and the area currently used for parking he may not have the right to park there himself, if it obstructs access for the other two. What exactly do the deeds for all three of you say? Download them fron the land registry.

    ^^^^ This

    He can't just arbitrarily change what has already been granted just because he may now own the land.

    Even if he does have the right to park on there, it doesn't mean that he can because of the rights granted previously for the other homes access.

    It sounds as though he's misunderstood (deliberately?) what it means to "own" the land.

    Out of interest. who pays for repairs etc?

    xxx
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 June 2016 at 11:42AM
    Without a diagramme we cannot visualise this.

    But I think the prescriptive rights discussion is a red herring.

    What matters is the rights this chap has, and the rights you and neighbours have.

    Please quote the exact wording from your deeds.

    Download this chap's deeds, and quote his rights too (together with the extent of his ownership, since your rights seem to be over/on his land).

    Without seeing all the relevant Plans, and Title Deeds, we cannot meaningfully advise.
  • rosscouk
    rosscouk Posts: 68 Forumite
    I will draw something up later and post a link.

    I think I agree re the comments about the deeds. I will ask neighbour tonight if we can see his deeds. If not, I will look to get a copy from the land registry. I had a quick look last night and it doesn't look like you can download directly. You have to print off a form and post in or am I missing something?
  • HouseBuyer77
    HouseBuyer77 Posts: 961 Forumite
    Fifth Anniversary Combo Breaker
    Much of the land registry's title plans and deeds are available online. However not everything is electronic so it's possible you need to submit a paper application to get them but unlikely.

    Do your neighbours not park directly in front of their garages then? If the land owner wants to stop them from parking and use their current spots for his cars instead he can't block their right of way. If he was parking directly in front of their garages then presumably he would be doing so.
  • DRP
    DRP Posts: 4,287 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    rosscouk wrote: »
    I will draw something up later and post a link.

    I think I agree re the comments about the deeds. I will ask neighbour tonight if we can see his deeds. If not, I will look to get a copy from the land registry. I had a quick look last night and it doesn't look like you can download directly. You have to print off a form and post in or am I missing something?

    imo asking to see his deeds may unnecessarily increase the temperature of the situation... I'd be going down the LR route to access the deeds.
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    DRP wrote: »
    imo asking to see his deeds may unnecessarily increase the temperature of the situation... I'd be going down the LR route to access the deeds.
    Completely agree.


    He probably won't have them anyway. It's likely to get his back up. If I said I could do something (which I believed I could) and a neighbour asked me to get my deeds out to prove it, I wouldn't be too happy (even if they were proved to be right). Better off knowing the facts before approaching him.


    Jx
    2024 wins: *must start comping again!*
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hazyjo wrote: »
    He probably won't have them anyway.

    If he's just bought the house then he's the most likely of the owners to have them handy...but I agree there's no need to go via him for the deeds.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he's just bought the house, it's pretty damm certain the Land Registry will have the full details in e-format....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    rosscouk wrote: »
    ....I had a quick look last night and it doesn't look like you can download directly. You have to print off a form and post in or am I missing something?
    £3 for the Title and £3 for the Plan, both online here:

    http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/
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