Title Deed Confusions please help

wilbor79

Hello

I have been trying to trace down the ownership of a road that goes in between my house and my neighbors house. The surface is built above the level of my damp proof course and thus is allowing surface water to penetrate my home. 
I have contacted my local council to no avail and finally found a service on the land registry website to locate roads and lanes ownership.

After a lengthy back and forth email correspondence i purchased a title deed that turns out to be for my neighbors property. I have contacted my neighbor and they are denying ownership of the road in question.

The title deed makes for a confusing read as it refers to an old leasehold 2000 years long started in the 1700's! As well as the freehold (I'm presuming my neighbors building) and consists of three coloured/hatched areas including the road in question and rights of ways for numerous residents but the problem area itself is contained within a "red edged area" as stated in the deed as the boundary of my neighbors property.

My own title deed only refers to the road as a right of way for myself , marked as a brown line against the red outline of my building. (why they use colours so similar is another mystery) 

Can anyone help me to determine who is the actual owner of the road in question or give me some advice on what my next steps would be in working out this issue? 

user1977

It will be quite difficult without seeing whatever it is you're looking at. Does it say the neighbour is the owner? If there's a lease involved, are you checking both the freehold and the leasehold?

AlexMac

While you’re waiting for a legal boffin to answer your question, is it worth simply taking direct action? 

Take an angle grinder or hammer drill to the road surface, excavate a narrow deep trench along the external wall of your property and then, whether or not you tank the exposed wall (debatable whether that would help; I wouldn’t), backfilling with shingle - maybe with a raised lip or kerb to deflect water if the rake slopes towards your new trench…

After all, if no-one admits to ownership or liability, they can hardly complain?

RHemmings

AlexMac said:

While you’re waiting for a legal boffin to answer your question, is it worth simply taking direct action? 

Take an angle grinder or hammer drill to the road surface, excavate a narrow deep trench along the external wall of your property and then, whether or not you tank the exposed wall (debatable whether that would help; I wouldn’t), backfilling with shingle - maybe with a raised lip or kerb to deflect water if the rake slopes towards your new trench…

After all, if no-one admits to ownership or liability, they can hardly complain?

Even safer if the OP asks the neighbour in writing (e.g.a) email if they mind if the OP does some work on the lane. Doesn't need to state that the neighbour owns the lane, just ask if it's OK if the OP goes ahead. Even less chance of something going wrong, IMHO. 

bouicca21

Can’t help with the practicalities but the 2000 year lease is probably a security for a mortgage, presumably long redeemed.  

wilbor79

The deed states…

1     (dated late 1980’s) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being (neighbour's property address)

2     The land tinted yellow on the title plan was formerly held under a  Lease dated (names redacted but 1700’s)

By a Deed of Enlargement dated (redacted) executed by (redacted) it was declared that as to the land tined

       yellow on the filed plan the said term was enlarged into fee simple.

       Neither the lease nor any further evidence of its contents were

       produced to the Land Registry on First registration and it is not known

       whether the said term was capable of being enlarged.  The registered

       title is accordingly subject to all estates rights and interests vested

       in any other person or persons if and so far as the Enlargement was

       ineffectual and in any event to the matters referred to in Section

       153(8) of the Law of Property Act 1925.

this is a redacted version of what the opening statement says on the neighbours deeds. 

The red edge goes around the entirety of the yellow tinted area as well as another red area which is my neighbours property. 

Although my deeds mention the same 2000 year long lease there is no mention on the road itself other than a right of way to access the rear of my property . 

If my neighbour is not the owner of the yellow tinted area then how do I find out who is? 

I’m concerned about doing the work that’s needed myself without at least getting the owners permission. But in the meantime my home is getting damaged. 

I have no idea of how to read the deed properly or what any of it means. 

My other neighbour thinks it’s an unadopted road in which case I have no idea who is liable for the upkeep/damages caused to my property. 

Any help would be appreciated. 

Land_Registry

So a few things to flag here - you’ve already got the registered information and if the neighbour’s freehold title includes the road then they own it 
Road adoption relates to the top few inches of the road and in many cases the properties either side of an unregistered road can own to the middle - see PG 40 sup 3 section 11 and the legal presumption. But if the neighbour’s title includes the road then it’s more clear cut it seems 
If you have buildings insurance check for legal cover and pursue matters that way or use the insurance to resolve matters and get legal advice as to what options exist 
As to the ‘enlargement’ point that’s caught up in the historical way land law and ownership was dealt with at the time. In some areas it was quite common for landlords to grant very long leases and for the tenant to then enlarge it into a freehold at a later date. 

The key though here is getting a legal understanding not only to confirm who owns what but more importantly where responsibility for the road lies and what legal options you have in order to resolve the drainage issue and/or seek compensation for example