Told I cannot park on unregistered land???

AndyMc.....

anyideas wrote: »

Thank you all for your comments so soon. I must admit the letter from the solicitor was a shock. It did provide a copy of the land that they had bought which had been shaded in a different colour. The bit that I have been parking on though was certainly not shaded. It had stopped before it. The letter talks about parking on their land and blocking access and nothing about this unregistered bit.

I know it was not my land to park on but when you have puschairs and baby seats it is sooo much easier parking on this land and it certainly hasn't been a problem until now!

So the question is are you blocking any access rights they may have over the land?

TheTalkingDead

This sounds more complicated than it sounds.


If the land is unregistered and NOT owned by the neighbour, they don't have the right to erect a sign on it, and you don't have explicit right to park on it, but you can and they can.


If there is a covenant or access rights for the neighbour ON that piece of land, stay off it. Access isnt explicit to getting to their front door either, it can mean a variety of things, like getting to a piece of land to feed live stock etc.


I bet you wish you had started the process of adverse possession after you found out no one owned it.

Robisere

I used to work in Common Land Searches at a County Council. When a developer (or anyone else) wants to buy Common or Unregistered Land, they use a solicitor to approach the Council of that County. A procedure is then followed, which decides the boundaries of the land to be purchased. Searches are made by a Council Legal office and when the procedure ends with signed agreement by all parties, boundaries are officially set. Somewhere in your County Council's Legal Department, is a copy of those plans with boundaries listed. You may need a solicitor yourself to investigate the matter: phone around until you find one who is willing to give you a short period of free advice. When you phone, do not give the location, but stress that it is a boundary issue, in connection with what was once Unregistered Land. They should be pleased to accept, hoping that you employ them. After meeting and speaking with a solicitor, ask for the amount of estimated charges, were you to take it further.

This is the only way that you can discover whether you are right or wrong to park there, and whether the developer ignored the boundary that may have been there. From personal experience, I know that developers and their solicitors often make mistakes in omission and commission: they "forget" to show correct boundary plans to interested parties, or they deliberately withhold information. You must see those boundary plans, to have all the information you need.

Good Luck - Common and/or Unregistered Land, developers, solicitors: it's a minefield, unless you have all the information you need.

System

anyideas wrote: »

Can my neighbour stop me from parking there now that they have bought that land? Surely they would have considered I had been parking there before they did so?

Please help!

Would you be happy for them to park their car in your front garden? No. So why should they be happy about you parking on their property?

waamo

Tarambor wrote: »

Would you be happy for them to park their car in your front garden? No. So why should they be happy about you parking on their property?

It's not their property though.

AndyMc.....

Robisere wrote: »

I used to work in Common Land Searches at a County Council. When a developer (or anyone else) wants to buy Common or Unregistered Land, they use a solicitor to approach the Council of that County. A procedure is then followed, which decides the boundaries of the land to be purchased. Searches are made by a Council Legal office and when the procedure ends with signed agreement by all parties, boundaries are officially set. Somewhere in your County Council's Legal Department, is a copy of those plans with boundaries listed. You may need a solicitor yourself to investigate the matter: phone around until you find one who is willing to give you a short period of free advice. When you phone, do not give the location, but stress that it is a boundary issue, in connection with what was once Unregistered Land. They should be pleased to accept, hoping that you employ them. After meeting and speaking with a solicitor, ask for the amount of estimated charges, were you to take it further.

This is the only way that you can discover whether you are right or wrong to park there, and whether the developer ignored the boundary that may have been there. From personal experience, I know that developers and their solicitors often make mistakes in omission and commission: they "forget" to show correct boundary plans to interested parties, or they deliberately withhold information. You must see those boundary plans, to have all the information you need.

Good Luck - Common and/or Unregistered Land, developers, solicitors: it's a minefield, unless you have all the information you need.

What if the neighbour has access rights?

motorguy

Tarambor wrote: »

Would you be happy for them to park their car in your front garden? No. So why should they be happy about you parking on their property?

I think - as usual - you need to read the posts thoroughly before you knee jerk in to a dumb response. Again.

parking_question_chap

Tarambor wrote: »

anyideas wrote: »

Would you be happy for them to park their car in your front garden? No. So why should they be happy about you parking on their property?

Have you not read the posts? It isnt their land.

happyandcontented

When you say the strip of land you park on is not shaded and it stops before the shaded bit do you mean that it stops directly in front of the shaded bit? If so, you are blocking their access if you park there.

I am having an issue with my local council wanting to put parking permit bays on my land as the rest of the street have agreed to be in the scheme. They can't seem to accept that they don't have the right to do it! If they do own the land then you can't obstruct their access to it.

debtdebt

You state that this situation is causing you worry and you can't afford to hire solicitors to fight your corner. STOP PARKING THERE THEN! That is the simplest solution. Stop parking there and then you will not have to deal with the threat of legal action.

Just because the land is unregistered doesn't mean it doesn't belong to someone. What is correct is that the land doesn't belong to you!

Park somewhere legally and walk home!