Right of way / rear access
Discussion
Hi all,
We live in a middle terrace, and have two details that we are trying to clear up.
1) we have been using our neighbours garden as an easement to walk around her house to the front, she’s lovely and this is not an issue. What we are concerned about is there is nothing in the title from HM land registry to show this passage or any mention of an easement.
2) the title also shows up what looks like a rear access ‘driveway’, connecting the back gardens of around 8 houses from another street (highlighted yellow). The strange thing is, the whole area is overgrown bushes, with a derelict looking garage built right at the back of our gardens, essentially blocking all access . It looks like the house on the next street has just taken it over. The problem here is that said house is not registered on the HM Land Registry so I can’t purchase a copy of the title to se their boundaries, I just have ours and our neighbours.
Where would I even start to look to try and resolve this, gaining access to the rear of my garden would be a game changer! Little car space fora project would be amazing.
house/ access drive
We live in a middle terrace, and have two details that we are trying to clear up.
1) we have been using our neighbours garden as an easement to walk around her house to the front, she’s lovely and this is not an issue. What we are concerned about is there is nothing in the title from HM land registry to show this passage or any mention of an easement.
2) the title also shows up what looks like a rear access ‘driveway’, connecting the back gardens of around 8 houses from another street (highlighted yellow). The strange thing is, the whole area is overgrown bushes, with a derelict looking garage built right at the back of our gardens, essentially blocking all access . It looks like the house on the next street has just taken it over. The problem here is that said house is not registered on the HM Land Registry so I can’t purchase a copy of the title to se their boundaries, I just have ours and our neighbours.
Where would I even start to look to try and resolve this, gaining access to the rear of my garden would be a game changer! Little car space fora project would be amazing.
house/ access drive
That does look very much like it is the access route for your houses to me but hasnt been used in a long time.
Getting it cleared wont be cheap and you can bet the neighbour with the possibly illegal building wont be chipping in to clear the site.
I would jump over your fence and see if you can find any garages, tarmac etc under all the under growth. It looks like a driveway with space for 2/3 cars and enough space to turn round in.
Getting it cleared wont be cheap and you can bet the neighbour with the possibly illegal building wont be chipping in to clear the site.
I would jump over your fence and see if you can find any garages, tarmac etc under all the under growth. It looks like a driveway with space for 2/3 cars and enough space to turn round in.
sherman said:
That does look very much like it is the access route for your houses to me but hasnt been used in a long time.
Getting it cleared wont be cheap and you can bet the neighbour with the possibly illegal building wont be chipping in to clear the site.
I would jump over your fence and see if you can find any garages, tarmac etc under all the under growth. It looks like a driveway with space for 2/3 cars and enough space to turn round in.
Paying to get it cleared ins't the issue - the benefits would be huge for us (and the other neighbors) to have rear access, potential garage or off street parking. I will try get a peep at whats underneath... might need a chain saw.Getting it cleared wont be cheap and you can bet the neighbour with the possibly illegal building wont be chipping in to clear the site.
I would jump over your fence and see if you can find any garages, tarmac etc under all the under growth. It looks like a driveway with space for 2/3 cars and enough space to turn round in.
Have you talked to all of the neighbours that could benefit?
We have an access way at the rear of our property noted on our search at time of purchase.
Recently some of the owners that benefited from the access have moved on but the current owners don't appear to know or care that they have a right of way to the rear of their property.
It hasn't showed up on the estate agents listing that they benefit from/have rights.
We have an access way at the rear of our property noted on our search at time of purchase.
Recently some of the owners that benefited from the access have moved on but the current owners don't appear to know or care that they have a right of way to the rear of their property.
It hasn't showed up on the estate agents listing that they benefit from/have rights.
OutInTheShed said:
What's the little rectangle on the plan behind No1?
Looking at maps which pre-date your house might be informative.
Personally, I don't think there is any reason to assume that land is there to access the back of your house.
Absolutely, I shouldn't assume its access for the properties, however I would like to inquire if it is... which is where I am struggling to know who to speak to. HM Land Reg just said they cant help because the house in question isn't registered.Looking at maps which pre-date your house might be informative.
Personally, I don't think there is any reason to assume that land is there to access the back of your house.
The little rectangle is unknown, if there is something there its deep within the bushes and not visible.
Predated maps is a good idea, I don't think we would find them that predate my house as ours is around mid 1800's but we could probably find some that predates the other house..
I'd start by doing some digging on google streetview, the OS maps archive and any local maps / photos you can find at the library to see whether you can shed any light on the previous use.
Might also be a good shout to physically get on the land and see what is actually there - looks like you can just walk in?
Any elderly neighbours that have lived there a long time who you can speak to?
I wouldn't get your hopes up though. I think what you're saying is that someone owns the driveway in yellow but you don't know who that is. If it's not noted in your title then you're unlikely to have a right of way to cross their land and access the back of yours.
I think the only real way to reach a resolution on this will involve some dollar changing hands with the person in apparent occupation of the land but that's easier said than done. Are the other neighbours likely to get behind you with this?
Of course there's always the option to just tip up one day with some mates and clear the land but that opens up possible legal issues.
Might also be a good shout to physically get on the land and see what is actually there - looks like you can just walk in?
Any elderly neighbours that have lived there a long time who you can speak to?
I wouldn't get your hopes up though. I think what you're saying is that someone owns the driveway in yellow but you don't know who that is. If it's not noted in your title then you're unlikely to have a right of way to cross their land and access the back of yours.
I think the only real way to reach a resolution on this will involve some dollar changing hands with the person in apparent occupation of the land but that's easier said than done. Are the other neighbours likely to get behind you with this?
Of course there's always the option to just tip up one day with some mates and clear the land but that opens up possible legal issues.
MBVitoria said:
I'd start by doing some digging on google streetview, the OS maps archive and any local maps / photos you can find at the library to see whether you can shed any light on the previous use.
Might also be a good shout to physically get on the land and see what is actually there - looks like you can just walk in?
Any elderly neighbours that have lived there a long time who you can speak to?
I wouldn't get your hopes up though. I think what you're saying is that someone owns the driveway in yellow but you don't know who that is. If it's not noted in your title then you're unlikely to have a right of way to cross their land and access the back of yours.
I think the only real way to reach a resolution on this will involve some dollar changing hands with the person in apparent occupation of the land but that's easier said than done. Are the other neighbours likely to get behind you with this?
Of course there's always the option to just tip up one day with some mates and clear the land but that opens up possible legal issues.
I definitely dont want to turn up and start tidying! It could actually be their land after all, I dont want to go around causing issues. This has all just popped up from noticing it on the title and thought I would investigate, the neighbours are certainly keen to get behind this and if in fact it turns out to be owned by the lady who lives there then we have discussed offering to purchase it and we would split ownership between us.Might also be a good shout to physically get on the land and see what is actually there - looks like you can just walk in?
Any elderly neighbours that have lived there a long time who you can speak to?
I wouldn't get your hopes up though. I think what you're saying is that someone owns the driveway in yellow but you don't know who that is. If it's not noted in your title then you're unlikely to have a right of way to cross their land and access the back of yours.
I think the only real way to reach a resolution on this will involve some dollar changing hands with the person in apparent occupation of the land but that's easier said than done. Are the other neighbours likely to get behind you with this?
Of course there's always the option to just tip up one day with some mates and clear the land but that opens up possible legal issues.
There is nothing on our title mentioning it, and I feel thats probably my answer, but then again it doesnt mention and easement access from us and next door, yet there is a clear path and old gates giving access and is generally agreed/acknowledged its access for us by said neighbour.
ewanjp said:
Is that building in the 'crook' of the L shape a converted garage? Might explain the reason for the land. What is the white building that's been built on the land - do you know who owns it?
The building in the corner is unknown, you cant see into the overgrown bushes/trees to know if its still there or not.The white building is a derelict garage, owner unknown.
Rooster2212 said:
dobly said:
Does you council have an online rates database map? If not a quick phone call or visit to the council offices should establish if anyone is paying rates on the land or not.
There is a local land charges search I could do for about £100 is that what you are referring to?Rooster2212 said:
Local Council have got back to me and put me in touch with Estates Management... to be continued.
You would have thought the Planning Office in the local council would have taken a bit more interest given it is possible council tax income.However, at least moving on to Estates Management is one step.
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