Building line

Cliddy

Are there any land ownership experts out there to help.

We have a standard property fronting a fairly standard urban street.

The road has a pavement that is next to a grass verge/lawn that then borders our more obvious garden boundary. We maintain that grass verge our plants overlap it and to all intents and purposes we consider we own it.

Our building plans appear to include it. But the point is it's labelled "widening line"
I have the feeling this means we own it but that it must be relinquished in the event of any road widening being necessary. This is not a problem we are expecting.

Basically I want to know if we can keep others from parking on it. It's not a cause of open warfare yet, but the houses opposite have no off street parking and the issue can only get worse.

unforeseen

A highway is considered to be from one boundary feature to another. If you have a defined boundary between your garden and this grass then the grass is part of the highway and can be treated as such

Doozergirl

You've talked about building drawings but have you got your Title Plan? It's downloadable from the Land Registry for £3 if you want to see the current situation.

We have a similar set up. Highways maintain the verge. It doesn't belong to us although the tree line makes it hard to know exactly where the boundary is.

Johnhowell

Just to confuse things - sometimes freehold land is "dedicated to the Highway". Therefore, the freeholder owns the land but Highway Authority has higher right over it.


Sadly, sometimes Land Registry's version of Title Plans do not necessarily indicate Dedicated land. You can request the extent of the Highway in front of your property from the Local Highway Authority Highway Team. Although this is part of the local searches that your solicitor would carry out during the buying process. If the land has been dedicated to the Highway your deed pack should contain that paperwork, or ask the Highway team for a copy as indicated on their Terrier Map.


It should be noted that the even though you cut the grass fronting your property - if it is highway - you can not adversely possess highway.


The subject of Highway law is quite complicated and I only have passing knowledge based on my associated work. Most solicitors know nothing of Highway Law - other than it is part of the conveyancing searches.


Good luck
John

EachPenny

Johnhowell wrote: »

...You can request the extent of the Highway in front of your property from the Local Highway Authority Highway Team.

The subject of Highway law is quite complicated and I only have passing knowledge based on my associated work. Most solicitors know nothing of Highway Law - other than it is part of the conveyancing searches.

I completely agree on the second point, there are points of highway law where there is still no definitive answer.

You can try asking the Highways Department for information about the boundary, but it is not necessarily information they will have in accurate detail. The accuracy of the answer you get will depend entirely on the person who your enquiry goes to.

The first question is roughly how old is the street and/or the houses? Is it an ancient road, or one which was built at the time the houses were constructed?

Johnhowell

Here is what I have noticed from working near to Highway Boundary and PRoW teams (it should be noted that this team may not be in the Highways Department, may be Legal Department!):


Generally, on a "simple" Highway Boundary enquiry a Technician will follow a pro forma listing the likely sources of boundary information and draft a plan indicating the probable boundary location.


If more definition is required than a Determination can be requested. This will mean a detail investigation of historical records (deed packs, etc.) and site visits. I do not know if a charge is due for this level of investigation. I understand that this level of investigation can set the precedence of the boundary for that specific area.


Good luck,
John

Warwick_Hunt

Cliddy wrote: »

Are there any land ownership experts out there to help.

We have a standard property fronting a fairly standard urban street.

The road has a pavement that is next to a grass verge/lawn that then borders our more obvious garden boundary. We maintain that grass verge our plants overlap it and to all intents and purposes we consider we own it.

Our building plans appear to include it. But the point is it's labelled "widening line"
I have the feeling this means we own it but that it must be relinquished in the event of any road widening being necessary. This is not a problem we are expecting.

Basically I want to know if we can keep others from parking on it. It's not a cause of open warfare yet, but the houses opposite have no off street parking and the issue can only get worse.

You can't stop anyone parking outside your house and unless there is a bylaw in place no one else can either.

Ectophile

Warwick_Hunt wrote: »

You can't stop anyone parking outside your house and unless there is a bylaw in place no one else can either.

You can't if it's public highway. But if it's your land, then that's another matter.

unforeseen

Johnhowell wrote: »

Just to confuse things - sometimes freehold land is "dedicated to the Highway". Therefore, the freeholder owns the land but Highway Authority has higher right over it.


Sadly, sometimes Land Registry's version of Title Plans do not necessarily indicate Dedicated land. You can request the extent of the Highway in front of your property from the Local Highway Authority Highway Team. Although this is part of the local searches that your solicitor would carry out during the buying process. If the land has been dedicated to the Highway your deed pack should contain that paperwork, or ask the Highway team for a copy as indicated on their Terrier Map.


It should be noted that the even though you cut the grass fronting your property - if it is highway - you can not adversely possess highway.


The subject of Highway law is quite complicated and I only have passing knowledge based on my associated work. Most solicitors know nothing of Highway Law - other than it is part of the conveyancing searches.


Good luck
John

There are some references and discussion in this article that helps determine the highway boundary

https://www.google.co.uk/url?sa=t&source=web&rct=j&url=http://www.titleandcovenant.co.uk/pdfs/NOV2009Newsletter.pdf&ved=0ahUKEwjUzfHItubVAhWMJVAKHVaBAsYQFghDMAM&usg=AFQjCNF1KQ5OWZUUanUHTON_Q82JUJlCRw