Retrieving part of right of way

Retrieving part of right of way

Postby barrowboy » Sat Jun 19, 2010 11:08 pm

I recently purchased property including ownership of right of way shared also by 2 cottages which were originally one dwelling which are situated at the entrance to the site. Current owner of cottage 1 originally owned both cottages and around 15 years ago built a wall enclosing her garden which stole about 18" of the right of way but it seems she was not confronted about this at the time by the previous owner of the row. She later sold half of her property hence there are now 2 cottages and the new owner of cottage 2 has inadvertently bought the piece of garden which includes the stolen strip of rowl. I have the original deeds and it is clear that a strip of land has been taken from the right of way to make their garden larger. This has left a narrow point on the access road which a fire pump would find difficult to negotiate, even to reach my existing property. My sons hope to build on the land around my property which would necessitate them using this access/right of way and the Fire Officer has pointed out the access difficulties caused by this narrowing. Do I have any legal right to claim back this strip of row. The Land Registry plans for the two cottages do not show them owning the strip; however my land registry plan does appear to follow the line of the wall. Any advice would be greatly appreciated.
barrowboy
 
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