Obtaining Neighbour's Title Deeds?

griggsy2005

Hello all, I have recently moved into a new build and I am trying to obtain title deeds to a neighbour's new build property. I am relatively new to all this so could do with some advice!

The purpose of trying to obtain these title deeds is in regards to a dispute over a nasty looking satellite dish that they have had fitted. I have a document that I received once the purchase of the property was completed from the Land Registry;

'TP1'
Land Registry
Transfer of part of registered title(s)

In it, it details certain restrictions, such as putting up satellites. What I want to do ideally, is get a copy of the same document, but for their property, to make sure the same restrictions apply to them, as they do to me? So a few questions;

1. Is this even possible?
2. If so, where/what do I need to do to get hold of them?
3. As the neighbour has only recently moved in to their new build, it doesn't seem to appear on any land registry searches yet. Is their a way round this?

Kind regards all,

James

paddedjohn

Why are you bothered?

lewisa

Are you in a conservation area?

Lord_Baltimore

It's probably not going to be worth the effort. The satellite dish restriction sounds like a stipulation by your Developer who seldom enforce the restriction once they complete and leave site .

moneyistooshorttomention

Available from the Land Registry - one can obtain Title Plan on the one hand, the Register entry on the other hand. They cost a few £s each.

Davesnave

As Lord Baltmore suggests if yours is a new build and not in a conservation area, then the restriction will primarily be for the benefit of the builder, and for them to enforce.

Getting into a dispute with your neighbour isn't something this forum recommends, as it can often lead to much greater problems than the matter which began the disagreement. It's also something you'd need to disclose if you decided to sell-up in a few years.

I would only observe that a satellite dish is quiet, doesn't scratch your car in the night, or get the local oiks to bully your kids. There are far worse things out there.....

davidmcn

griggsy2005 wrote: »

In it, it details certain restrictions, such as putting up satellites. What I want to do ideally, is get a copy of the same document, but for their property, to make sure the same restrictions apply to them, as they do to me?

The restrictions will be identical to yours - after all, you don't remember negotiating them with your builder, do you?

As above, you're not necessarily going to be entitled to enforce them.

And when you say a "dispute", on what basis have you got yourself into a dispute when you don't even know whether you're entitled to object to your neighbour's dish? You realise you're likely to be required to disclose any such disputes when you come to sell?

griggsy2005

Thanks all for your help. Just a little more background for anyone who is questioning my motives in regards to this matter. I really wouldn't have an issue with the dish, it was the manner that it was all done that really irks me. This dish is overhanging my garden which is the first thing, but what has really got me ticking is that the dish was fitted by breaking in to my enclosed garden. That is the bit that really bothers me. No one even bothered asking. If someone had come round beforehand and said "Is this ok?" I wouldn't even be bothered about the dish. I just can't understand how anyone can think that is an acceptable thing to do? That's, coupled with their 'can't give a S, H, one T attitude is the reason for me pursuing this. Are there any other grounds that I could get it removed as the dish is overhanging my garden?

moneyistooshorttomention

I can fully understand/sympathise with being annoyed about someone trespassing into your garden to do this and have had to "get firm" with neighbours that thought it was okay to do so myself.

Legally speaking - it is not allowed to be in your "airspace". Don't know what the height is deemed to be of the airspace owned over one's property - but Google should have it on there somewhere. I think, from memory, that no-one else is allowed to have their property in airspace up to about the height of a decent height tree/2 storey house over your land.

I would get it dealt with myself - even if I wasn't anti-satellite dishes.

Personally - I'd get a copy of the neighbours Register entry and check out what height of airspace exactly home-owners own over and above their land. Then I'd go round to the neighbour and give them "benefit of doubt" and say something along the lines of "I guess you didnt realise your workmen came into my garden to put up your dish? Blimmin' workmen <laugh laugh>. They do tend to do things like that don't they <laugh laugh>. However - they did do so without asking my permission and the dish is overhanging my garden - so can you please arrange to have it moved so that it doesnt? I'll give my permission for them to come in to do that - provided I know when it will be and I will arrange to be in at the time".

Just keep it up your sleeve about having their Register entry and knowing the exact height of your airspace above your ground unless you need to mention these facts (ie if they refuse to do it).

There shouldnt be any question of a dispute arising. They should apologise to a polite/"we're all in it together against workmen not doing their jobs properly" tone of voice and instantly apologise and agree to get it moved. In which case - end of problem = no dispute.

moneyistooshorttomention

To date I've found:

https://www.inbrief.co.uk/land-law/land-ownership/

hence you can see why the law allows people to cut back any portion of a neighbours plants that overhang our land.

Davesnave

Those damned "workmen" again, money! If only they'd been women!

But haven't you noticed, there's already a dispute?

You're correct about overhanging, but what to do?

It could probably be taken down (carefully) and returned without repercussions in a legal sense, but first, you'd need some large, thick-skinned "workmen" to do the job.....

However, as I said earlier, what happens after that is in the lap of the gods, so if it were me, I'd be looking for something different in the way of a solution. A tall non deciduous tree comes to mind....