unused and unregistered garage next to our house full of stuff and how can clear it out an own it?

redlandrabbit

just moved into a flat with freehold and there is a garage that, looking at the rest of the street, "should" belong to us. We checked land registry for who owns every garage on the road and this verified this view; that each house has a garage. For many years, according to the neighbours we have approached, no-one has seemingly used this garage. It is in poorish repair (graffiti on the garage door) and has two walls shared with our property along the front wall and one side of the garden. How do we go about owning it, adverse possession? We have a key and looking inside it's more complicated because it is full of old stuff including a very old Mercedes car, unregistered and in two parts. We have asked who is using the garage on the street WhatsApp groups and neighbouring forums. What might the legal next steps be? Huge thanks in advance Alison

Grumpy_chap

redlandrabbit said:

just moved into a flat with freehold and there is a garage that, looking at the rest of the street, "should" belong to us. We checked land registry for who owns every garage on the road and this verified this view; that each house has a garage. For many years, according to the neighbours we have approached, no-one has seemingly used this garage. It is in poorish repair (graffiti on the garage door) and has two walls shared with our property along the front wall and one side of the garden. How do we go about owning it, adverse possession? We have a key and looking inside it's more complicated because it is full of old stuff including a very old Mercedes car, unregistered and in two parts. We have asked who is using the garage on the street WhatsApp groups and neighbouring forums. What might the legal next steps be? Huge thanks in advance Alison

How did you come to have a key for the garage?

What does your land registry title state?
What does the land registry title for the garage show?

I know you state that your flat is freehold (share of freehold?), but is there also a "leasehold" document that explains what else comes with the flat.

You say you only just moved into the flat.  Does that mean you only just purchased the flat?  (OR - are you renting the flat?) 
If you purchased the flat, you could check with your Conveyancing Solicitor whether the garage is yours as part of the flat.  
Were you aware of the garage before completion?  
Did you ask anything about the garage before purchase?

user1977

Ask DVLA who was the last registered keeper of the car?

km1500

as above really - the legal document that tells you if you have any right to the garage will be the land registry entry.

silvercar

Your local council may know.

if each house has a garage, but you have a flat, why do you think it is yours? Could it belong to the flat above or below?

RHemmings

I assume that 'flat with freehold' means flat with share of freehold. 

It would be the leasehold agreement for your flat which states whether or not the garage is yours. I am not a lawyer but I believe that if the garage is not mentioned, then it isn't included. And, even if it is shown that the freehold that you own a part of (presumably) includes the garage, that wouldn't mean that you can legally use it if it isn't granted to you by your leasehold agreement.

The objects including a car inside the garage will belong to someone, and unless the garage does actually belong to (or is leased to) you, then following routes such as giving notice through public notices etc. that you're going to clear it wouldn't be valid.

I think the advice above to find out the last registered keeper of the car from DVLA is the best next step. Combined with checking the title plan for the freehold of your property and also your own leasehold agreement and those of others in your building. Also as above. 

Then post back here with what you find. (Not including the name or address of any last registered keeper of the car that you find.) 

theartfullodger

When a where-it-is search with land registry is done, what comes up, please?? 

see....
https://search-property-information.service.gov.uk/search/search-by-map/

redlandrabbit

Thank you for all these replies. I have tried to answer everything below
The key is on an old key ring
Conveyancing solicitor said we are not the  registered owners of the  garage, we have also checked with land registry for all adjacent properties and they are not either.
the car registration for car in garage also has no known registrants (too old-not been registered for over 10 years. It's a car that was first registered in 1971 according to the number plate).
The reason we think the garage should belong to us ( and the flat below us) is that the flat we own is half a house and every other house on the street has the garage next to their house! (we have checked up and down the street and no one is saying they own the garage next to our conversion).

user1977

redlandrabbit said:

The reason we think the garage should belong to us ( and the flat below us) is that the flat we own is half a house and every other house on the street has the garage next to their house! (we have checked up and down the street and no one is saying they own the garage next to our conversion).

Why couldn't it belong to the other half of the house? Is there no mention of the garage in the deeds from the time of the split, or in the original freehold description?

Elliott.T123

redlandrabbit said:

Thank you for all these replies. I have tried to answer everything below
The key is on an old key ring
Conveyancing solicitor said we are not the  registered owners of the  garage, we have also checked with land registry for all adjacent properties and they are not either.
the car registration for car in garage also has no known registrants (too old-not been registered for over 10 years. It's a car that was first registered in 1971 according to the number plate).
The reason we think the garage should belong to us ( and the flat below us) is that the flat we own is half a house and every other house on the street has the garage next to their house! (we have checked up and down the street and no one is saying they own the garage next to our conversion).

I suspect that once upon a time the garage did belong to the property you now own if all the other houses on the street own a garage to the side. However it sounds like at some point in the past the property and the garage were split. 

It may well be that the owners of the garage have forgotten about it / it has somehow slipped through the cracks and got missed. However that doesn't mean you own it or can decide you should own it just because its nextdoor.

Could you take a chance and start using it, probably, would you get away with it and the real owners never turn up, maybe, would it be illegal and wrong, yes.

ThisIsWeird

redlandrabbit said:

Thank you for all these replies. I have tried to answer everything below
The key is on an old key ring
Conveyancing solicitor said we are not the  registered owners of the  garage, we have also checked with land registry for all adjacent properties and they are not either.
the car registration for car in garage also has no known registrants (too old-not been registered for over 10 years. It's a car that was first registered in 1971 according to the number plate).
The reason we think the garage should belong to us ( and the flat below us) is that the flat we own is half a house and every other house on the street has the garage next to their house! (we have checked up and down the street and no one is saying they own the garage next to our conversion).

Hi RLR. Could you confirm, please;

1) Your flat used to be part/half of a house? There are only two flats? Is the property detached?

2) When was the house divided into flats?

3) Who owned/sold your flat? What info do you have of them? Was it probate?

4) What does the owner of the flat below think and say about this flat? Did they know the previous owner of your flat? Can they confirm that your previous flat owner used that garage?

5) How will you manage the fact that two flats probably have an equal entitlement to this garage?!