Land locked parcel of land

Oxtonite_62

Hi

I'm hoping someone can help me with an issue regarding a parcel of land belonging to my elderly relative. I have a LPA in place for my relative who owns a parcel of land at the bottom of the garden of the house he lived in for almost 40 years.

The house has now been sold independently of the parcel of land. I have a copy of the Land Registry document but unfortunately I don't understand the wording in the 'Charges Register' section regarding access etc.

I need to know our rights of access to the parcel of land - would the Land Registry office be able to explain this in plain English? Also how would I obtain the exact measurements of the land as there is no indication on the title deed.

Thank you.

Davesnave

If no right of way was created when the house and garden was sold off, then you have no automatic right to access this parcel of land.

Who did the conveyancing on the sale and were they aware of the existence of this plot? It seems very odd that you are only thinking of this now.

If the Land Registry document you hold mentions access, you can post what it says here (anonymising it as appropriate) and someone will attempt an interpretation.

The Land Registry do not usually explain the wording of documents they hold; that's the job of a solicitor or conveyancer.

davidmcn

Oxtonite_62 wrote: »

Also how would I obtain the exact measurements of the land as there is no indication on the title deed.

By basic arithmetic, assuming it includes a scaled plan.

Robin9

With no access it is worthless. Perhaps a token sum from an adjacent landowner but that would be swallowed up in legal costs.

Has it been fenced off ?

Oxtonite_62

Davesnave wrote: »

If no right of way was created when the house and garden was sold off, then you have no automatic right to access this parcel of land.

Who did the conveyancing on the sale and were they aware of the existence of this plot? It seems very odd that you are only thinking of this now.

If the Land Registry document you hold mentions access, you can post what it says here (anonymising it as appropriate) and someone will attempt an interpretation.

The Land Registry do not usually explain the wording of documents they hold; that's the job of a solicitor or conveyancer.

Thanks for your reply Davesnave. The sale of the house was managed by the executors of my relative's late wife (his stepdaughter & stepson). My relative has a share in the property but that's another story for another day/forum. After discovering the parcel of land was separate from the sale of the house & garden, the purchaser decided to go ahead with the purchase of the house without the parcel of land. So I'm left with trying to sort out the situation. I do have a solicitor in place dealing with the issue of the executors delaying the process of handing over my relatives share of the proceeds of the house sale, therefore the parcel of land issue is on the back burner for the time being and I'm trying to keep solicitors costs to a minimum.

Don't think this relates to access rights but here is an extract from Land Registry doc:

"Excepting and Reserving to the Vendors and their successors in title the owners for the time being of any land adjoining or neighbouring the hereditaments hereby assured all rights of light or air to the said hereditaments which would prohibit or prevent the free uninterrupted user by the Vendors or their successors in title or their adjoining or neighbouring property for building or other purposes whether obstructive of the access and use of light or air to or for any part of the said hereditaments or any dwellinghouse or other building or hereafter erected thereon or not".

Thanks.

Oxtonite_62

davidmcn wrote: »

By basic arithmetic, assuming it includes a scaled plan.

Thanks davidmcn. Yes, there does appear to be a scale at the top of the title deed but it isn't legible as its a very bad photocopy. Will probably need to get an original.

Thanks.

Oxtonite_62

Robin9 wrote: »

With no access it is worthless. Perhaps a token sum from an adjacent landowner but that would be swallowed up in legal costs.

Has it been fenced off ?

Thanks Robin9. Yes, I did think of approaching the neighbours either side of the house to see if they were interested in buying it.

No it hasn't been fenced off....prior to the sale my solicitor requested access to fence it off (via the solicitor who the executors appointed to deal with the sale) but this was ignored!

enjoyyourshoes

If you want rough measurements including area, go on Google earth , zoom into the plot and use the dialogue box to do both linear measurements but also area.

AdrianC

Oxtonite_62 wrote: »

The sale of the house was managed by the executors of my relative's late wife (his stepdaughter & stepson). My relative has a share in the property but that's another story for another day/forum. After discovering the parcel of land was separate from the sale of the house & garden, the purchaser decided to go ahead with the purchase of the house without the parcel of land. So I'm left with trying to sort out the situation. I do have a solicitor in place dealing with the issue of the executors delaying the process of handing over my relatives share of the proceeds of the house sale, therefore the parcel of land issue is on the back burner for the time being and I'm trying to keep solicitors costs to a minimum.

The simplest solution would be to contact the purchaser of the house, apologise profusely for the confusion, and offer to transfer the parcel of land to them for free - subject to them covering all the legal costs.

Unless there's some reason that you/the owner(s) want to retain this parcel of land that you can't actually get to...

Oxtonite_62

enjoyyourshoes wrote: »

If you want rough measurements including area, go on Google earth , zoom into the plot and use the dialogue box to do both linear measurements but also area.

Thank you 'enjoyyourshoes' that's a great help...I will try that!

Oxtonite_62

AdrianC wrote: »

The simplest solution would be to contact the purchaser of the house, apologise profusely for the confusion, and offer to transfer the parcel of land to them for free - subject to them covering all the legal costs.

Unless there's some reason that you/the owner(s) want to retain this parcel of land that you can't actually get to...

Thanks AdrianC, that would be the simplest solution and I did offer this option to the executors solicitor (prior to completion) but this was refused by the executors....they were and still are being very difficult! They obviously did not offer this as a solution to the purchaser or purchaser's solicitors. Also I have since discovered there may be an issue with the LPA as an attorney is not allowed to make any 'gifts'!