land access problem

pennypuppy

Debt_Free_Chick wrote: »

A few facts first, please.

Your dad owns this land?
Yes
Who owns the land providing the access? Who is it shared with?
don't know (will have deeds tonight) shared access with this solicitors practice
On whose land was the gate?

Who gave your father a key? Who else had a key?
Previous owners of the practice
Who has changed the gate?
newer solicitors practice


Is your father's land registered at the Land Registry? If not, then registering it gives you some extra protection from "Adverse Possession".
don't know, will go and check tomorrow


Stick to the facts for now. You don't know this - you suspect it. But you don't know it.
true



If you've done "nothing" so far, you're a long, long way off any legal action - so don't even think about it.
thankyou I want to give you a hug!!!!!!


Suggest you leave the gate alone, until we establish who owns it and the land it's on.

good

Why do you think this is so? Once the facts are established, we can give you some specific advice. But don't assume that solicitors all want to go to Court. They might know their rights - but they also know the rights of others and what the law allows. I doubt any solicitor would fight a case to get something they're not already entitled to.

This could be a simple misunderstanding ... but we need to establish who is entitled to what, first.

thanks

I really appreciate the questions, it has focussed my mind on what I need to find out. If I get all the answers by tomorrow would you check back and tell me what you think?Please.....your post has calmed me down!!!
Big thanks.

LadyinBlack_2

Try this site - www.gardenlaw.co.uk. There's a section on boundaries and issues like this come up all the time. You are right to act quickly but must get all relevant information first.
Good luck.

susieb

Good luck with all this, I'm sure it will turn out to be a misunderstanding, maybe they are not aware it is yours, get the deeds, check your facts and then just speak to them, if they are in the wrong they will admit it they wont fight a case they will lose.

PasturesNew

Some people just do these things as they figure "it's OK, whoever's land it is can just come and ask for a key and I will leave it here on the shelf for when they do".

Some people go through life putting up annoying obstacles, just shrugging and not seeing the problem because "you only had to ask".

He's probably one of those.

Probably thought "I want a gate there... there's somebody's land, I've no idea whose. Oh well, if I put a gate up, they're bound to come round asking and I will give them a key".

It's just the way some people's brains think.

He will probably be relieved when you ask and he can hand over a key.

Although he shouldn't have put a locking gate up without finding out who owned the land first. But sometimes it's harder to find out whose it is than the just do it and find out later.

pennypuppy

Unbelievable, or maybe believable....went to see it and there is no keyhole. Mother in law had a guy out installing a new shutter today so I asked him and he said it's probably remote and he could probably open it for me with a frequency thingy (my words obviously). Anyway, dad was having a really bad day today so I couldn't ask him too much, he said he would go with me to land registry tomorrow.
Thanks everyone.

LadyinBlack_2

Hi you can download information from the land registry online at
www.landregisteronline.gov.uk
You can download your neighbours'deeds as well as your own. Fee £3 each. Between 7.00am and midnight. Worth a look?
Good luck.

pennypuppy

Thank you so much, unfortunately we are not covered by this since we are in N. Ireland and 50% of the stuff is in the registry of deeds. We have a few things to do so we will be near anyway.