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Invisible shared access

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Mark4444
Mark4444 Posts: 29 Forumite
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in House buying, renting & selling
We live in a mews property and all houses require access to their garages via a shared access route across each other’s land. The issue is that the route marked on the title deeds has no dimensions (just a drawing of a pink road and the property outlines) and one of the neighbours is challenging the accuracy as they struggle to get their new car into the garage due to angle required.

The route is “invisible” so I’d like to understand A. if the marked access route on the deeds is fixed (i.e. that is the only route for access across all land), B. How we can get the route physically mapped to avoid any future conflicts (interestingly using the deeds diagram, CAD design, and the scale key there is a possibility the route in reality doesn’t actually connect with one do the houses garages - could this be possible?).

Thank you so much.
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  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    edited 18 January 2020 at 11:32PM
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    The pink bit on the plans is inaccurate. They have never been drawn to scale. I've worked in the past as a temp in solicitors' offices and have been given a set of felt pens to draw the right colours on plans in the past. How accurate any coloured lines are will depend on a plan by plan basis and the overall plot shape/size etc.... it could be spot on.

    Is the problem really following the plan? Or have they got a car much larger than originally intended when the houses were built?

    If the mews are old, it might've assumed a nice Austin 8, whereas that neighbour's got a chelsea tractor. It could be there were no garages originally and they've been added later. We don't know as only you know what you've all got.

    Whatever you do will not alter the plans or what's "correct". If everybody's in agreement where it is and you mark it out and follow that guideline, that'll work until a future owner buys in and points and says "no, that's not right".

    So how far (at cost) do you want to take it?

    In general, getting anything professionally/accurately mapped and defined + any legal changes could cost quite a few £££ as you can't just redraw the map and each have a copy.
  • G_M
    G_M Posts: 51,977 Forumite
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    The scale of land Land Registry plans is notdetailed enough for precise measurements.
    Mark4444 wrote: »
    We live in a mews property and all houses require access to their garages via a shared access route across each other’s land. The issue is that the route marked on the title deeds has no dimensions (just a drawing of a pink road and the property outlines)
    That's normal. Usually physical features make itclear where exacly the boundaries lie.

    and one of the neighbours is challenging the accuracy as they struggle to get their new car into the garage due to angle required.
    So they have a massive SUV?:rotfl:That's their choce, and their problem!

    The route is “invisible” so I’d like to understand A. if the marked access route on the deeds is fixed (i.e. that is the only route for access across all land),
    Yes of course- if it's specified in the Titles' Plans.

    B. How we can get the route physically mapped to avoid any future conflicts (interestingly using the deeds diagram, CAD design, and the scale key there is a possibility the route in reality doesn’t actually connect with one do the houses garages - could this be possible?). Possible?Yes.

    Employ an RICS surveyor to compare the LR Titles to the actual physical reality

    .
    It's not uncommon for modern cars to be larger than was allowed for in the past when cars (or indeed carts!) were smaller. But if the car in question is too big for the access, the solution is to buy a smaller car, nor to claim the access route must be expanded!
  • FreeBear
    FreeBear Posts: 14,631 Forumite
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    PasturesNew wrote: »
    If the mews are old, it might've assumed a nice Austin 8, whereas that neighbour's got a chelsea tractor.


    If they have a CT, then they may want to spend a few quid on one of these - low.jpg


    It would certainly cost a lot less than any legal action....
    Her courage will change the world.

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  • Mark4444
    Mark4444 Posts: 29 Forumite
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    It’s a blend of both - an Audi A6 estate, and they aren’t a confident driver either so think they “need” a perfectly straight run up to their garage, even though the access road is to their garage us at and angle on the deeds. What this means is they need to cut across my land to get in resulting in my wife’s car (both mine and hers are parked at rear) making their life hard.

    I want to be a nice neighbour, but also to not to be taken advantage of, so I want to make sure I am clear on what is shared access and what is not before I have the conversation - ie recommend they get advanced driving lessons 😂
  • Mark4444
    Mark4444 Posts: 29 Forumite
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    Thanks for the surveyor suggestion - that might really help. I know it will cost some ££ but it’s worth it to be able to have an adult conversation....
  • G_M
    G_M Posts: 51,977 Forumite
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    How about installing these round your land?


    https://www.youtube.com/watch?v=PRCA8MvedIo
  • tobywilsit
    tobywilsit Posts: 5 Forumite
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    Yes install those, they will be very handy.
  • Mark4444
    Mark4444 Posts: 29 Forumite
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    OMG so getting them when I know what I am working with!!!!!
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    Mark4444 wrote: »
    Thanks for the surveyor suggestion - that might really help. I know it will cost some ££ but it’s worth it to be able to have an adult conversation....
    If you go that route then, if possible, get all those who benefit from the access to agree that the surveyor will be employed to give an 'expert' determination on the access route which will include scale plans and dimensions.
    If just you employ the surveyor then obviously other parties are free to dispute their findings.
  • bouicca21
    bouicca21 Posts: 6,514 Forumite
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    What is the wording of the access clause? And is this a genuine mews, or a more recent build?
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