Told I cannot park on unregistered land???

unholyangel

anyideas wrote: »

Hello everyone,

I followed all of the advice and wrote to the solicitor.

Instead of providing me with any evidence that they own that land the solicitor sent a very brief letter that said:

"As the owners of the land within title number .... (the land that they do own) our clients wish to make it plain that any rights you have do not extend to obstructing their land..." It also goes on to say that I am not allowed to cut the grass on the neighbours land - which I don't do, I've only ever cut the grass on the small strip of unregistered land where I park my car!

They have not given me any proof as to why. Does this sound like a big bluff to scare me off? I'm getting really worried again.

Before anyone says anything I am not parking on their land at all - just the unregistered land which I have definite proof from the Land Registry that says that it is unregistered.

Does owning the land behind the unregistered land give them the right to say that I am not allowed to park in front of it even if they don't own it? I am sooo confused by this!

Would love to hear what everyone thinks this means...

Perhaps remind the solicitor that simply owning a piece of land does not give you any right of way (much less a vehicular one) over any adjacent private land. So unless he can show evidence of such an easement affecting the piece of land you're parking on or that its a highway as defined by the 1980 act on which you are causing an obstruction to prohibit free movement , he should - politely - do one.

anyideas

Hello unholyangel,

Thank you for that post it actually made me laugh out loud! Something that I don't think I've been able to do for a while now.

I would have thought that any right of way would have been shown in the Index Map even if it is unregistered? I also think it is highly unlikely that a right of way would ever have been put on that land to benefit the neighbour as their house is so much more modern than mine.

Fingers crossed that I hear nothing back from their solicitor - although now I'm panicking about how long I should wait for. I stupidly didn't give their solicitor a timescale to come back to me on...

luckyduck83

unholyangel wrote: »

Perhaps remind the solicitor that simply owning a piece of land does not give you any right of way (much less a vehicular one) over any adjacent private land.

I thought the adjacent land wasn't private? The thread title suggests it's unregistered.

Car_54

luckyduck83 wrote: »

I thought the adjacent land wasn't private? The thread title suggests it's unregistered.

"Unregistered" doesn't mean it has no owner, but simply that it hasn't changed hands in recent years.

luckyduck83

Car_54 wrote: »

"Unregistered" doesn't mean it has no owner, but simply that it hasn't changed hands in recent years.

OP gets permission from the owner and the subject is closed.

It seems to me that two people who don't have permission to use some land are arguing over the use of some land.

However the OP spins it, unless it's their land or they have permission to park there, they shouldn't park there.

Mojisola

anyideas wrote: »

Years ago it came to light that this land, I mean where I park, was unregistered and I tried to find the owner to buy it off them. I had no luck.

luckyduck83 wrote: »

OP gets permission from the owner and the subject is closed.

How? ................

luckyduck83

Mojisola wrote: »

How? ................

Exactly - it's unregistered, so you can't find the owner without some serious work. The legal owner probably doesn't even know they own it (if there is one).

So if you want to claim ownership, you need to go through the relevant process.

You don't just park on it and then complain when someone says you can't. It's not your land. It's not theirs either, but just park somewhere you're allowed rather than being a cheeky so-and-so.

Mojisola

anyideas wrote: »

To the side of my house there is a small rectangle of land where I park my car.

luckyduck83 wrote: »

You don't just park on it and then complain when someone says you can't. It's not your land. It's not theirs either, but just park somewhere you're allowed rather than being a cheeky so-and-so.

No-one, especially the owner, is using the land.

No-one, especially the owner, has had a problem with anyideas parking there for some years.

Why should the neighbour (who also doesn't have any right to the piece of land) be able to force anyideas to stop? Only the owner has the right to do that.

Car_54

Mojisola wrote: »

No-one, especially the owner, is using the land.

No-one, especially the owner, has had a problem with anyideas parking there for some years.

Why should the neighbour (who also doesn't have any right to the piece of land) be able to force anyideas to stop? Only the owner has the right to do that.

The neighbour may have rights: he may own the land, or he may have a right of access which the OP is blocking. However, his solicitor has avoided explaining that, which (perhaps) suggests he hasn't.

luckyduck83

Car_54 wrote: »

The neighbour may have rights: he may own the land, or he may have a right of access which the OP is blocking. However, his solicitor has avoided explaining that, which (perhaps) suggests he hasn't.

And the OP appears to be avoiding using the correct channels. Either stop using the land (that you don't own) and stop obstructing access to someone else's land, or employ a solicitor, do the research and put across your case for why you have a right to park on the land.

By the way, just because it's close to your house doesn't give you the right.