Parking Land Registration

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Stag01
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Joined: Wed Apr 25, 2018 2:14 pm

Parking Land Registration

Post by Stag01 » Sat Aug 10, 2019 1:34 pm

Hello,

Been a while since here! I have a hopefully simple solution to a "relatively" simple boundary issue.

We have a shared access driveway which is used/owned by x5 properties, each property has its own separate parking spot within their boundary. We have a parking spot that is a branch off from the access driveway which we have used for 15 years and is not on our title, what would be the correct procedure/form to do this please.

PS technically our parking spot is owned by all x5 properties the same way that the shared access is.

Any help much appreciated,

Many Thanks

ukmicky
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Re: Parking Land Registration

Post by ukmicky » Sat Aug 10, 2019 2:44 pm

You say the access way is owned by all five properties. Do you each own a section or is it registered as a commonhold.
Any information provided is not legal advice and you are advised to gain a professional opinion

IdefixUK
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Re: Parking Land Registration

Post by IdefixUK » Sat Aug 10, 2019 2:59 pm

Hello,
Is your property one of the 5 ?
Do you have an easement (a right)to cross the land, including the bit where you park. Has anyone ever given you permission to park there, or said that you shouldn't? Did the people who owned your house before you park in the same place? If so for how long and was that done with permission etc. Are you able to contact them?
I suggest that you draw a little sketch plan of the situation on the ground and post that on this thread. It makes understanding your position much easier.

Regards

Eliza
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Re: Parking Land Registration

Post by Eliza » Sat Aug 10, 2019 5:19 pm

following.....as I have a neighbour that thinks like this.
Apologies for not giving exact personal details in my posts - you never know who is reading....

Stag01
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Joined: Wed Apr 25, 2018 2:14 pm

Re: Parking Land Registration

Post by Stag01 » Sat Aug 10, 2019 6:28 pm

IdefixUK wrote:
Sat Aug 10, 2019 2:59 pm
Hello,
Is your property one of the 5 ? Yes it is
Do you have an easement (a right)to cross the land, including the bit where you park. Has anyone ever given you permission to park there, or said that you shouldn't? Did the people who owned your house before you park in the same place? Yes all properties have a right to cross, no permission but nobody has ever said we can't, the other properties I think just presume its ours but its not on title.
If so for how long and was that done with permission etc. Are you able to contact them?
I suggest that you draw a little sketch plan of the situation on the ground and post that on this thread. It makes understanding your position much easier.

Regards
Answers above, many thanks

IdefixUK
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Re: Parking Land Registration

Post by IdefixUK » Sat Aug 10, 2019 7:17 pm

Thanks for your reply,
I think that you should post here what it says on your title deeds the exact wording of the "right" that you have to cross land (if there is anything written in the deeds).
You say that the land is owned by the 5 houses (one of those being your house) and then you say that it's not on your deeds. It is possible that it has a different title number from your house and that you do own either a share of the land or a specific part of it (Ukmickey's as yet unanswered question), or perhaps the land is owned by someone else altogether. Don't take anyone's word for it, you need to see it in writing.
If you go on the .Gov Land Registry website (beware of other sites) you can use a bird's eye view function to locate the land in question after having put in a nearby postcode. If that land is registered you can download the title for £3 and the Plan for £3.
If it is unregistered that doesn't mean that it isn't owned by anyone, it just means that no dealings with that land have occurred for many a year.
This would be a good starting point for you....try to find out who owns what.

Regards

arborlad
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Location: Hertfordshire

Re: Parking Land Registration

Post by arborlad » Sun Aug 11, 2019 7:32 am

Stag01 wrote:
Sat Aug 10, 2019 1:34 pm
Hello,

Been a while since here! I have a hopefully simple solution to a "relatively" simple boundary issue.

We have a shared access driveway which is used/owned by x5 properties, each property has its own separate parking spot within their boundary. We have a parking spot that is a branch off from the access driveway which we have used for 15 years and is not on our title, what would be the correct procedure/form to do this please.

PS technically our parking spot is owned by all x5 properties the same way that the shared access is.

Any help much appreciated,

Many Thanks



Did this get resolved: viewtopic.php?t=21176 ..............does it have any connection to this thread?

A sketch or anonymised title plan would help the understanding.
arborlad

smile...it confuses people

mr sheen
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Re: Parking Land Registration

Post by mr sheen » Sun Aug 11, 2019 7:47 am

Do you have a question about the statements in post?

Is someone blocking the access?
Do you wish to claim a right to park?

What is not working with the current situation?

arborlad
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Location: Hertfordshire

Re: Parking Land Registration

Post by arborlad » Sun Aug 11, 2019 7:51 am

Eliza wrote:
Sat Aug 10, 2019 5:19 pm
............. I have a neighbour that thinks like this.



What neighbour?...............what thinking?
arborlad

smile...it confuses people

Stag01
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Re: Parking Land Registration

Post by Stag01 » Sun Aug 11, 2019 11:34 am

Thank you very much for the advice so far,

mr sheen wrote:
Sun Aug 11, 2019 7:47 am
Do you have a question about the statements in post?

Is someone blocking the access? No, but potentially could do
Do you wish to claim a right to park? yes (as above) we have no parking available otherwise

What is not working with the current situation? fine at present but can't sell our property with parking as it is and a neighbour could decide to park there

mugwump
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Re: Parking Land Registration

Post by mugwump » Sun Aug 11, 2019 11:39 am

But you say in your first post that all 5 properties have parking on their own land?

Are you after a 2nd parking area?

Stag01
Posts: 39
Joined: Wed Apr 25, 2018 2:14 pm

Re: Parking Land Registration

Post by Stag01 » Sun Aug 11, 2019 12:31 pm

ahh sorry, my mistake, all 4 have parking whilst we use the piece that doesn't appear on any title plan. It just shows as unadopted access drive

mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Parking Land Registration

Post by mr sheen » Sun Aug 11, 2019 1:54 pm

If no one is interfering with your access then no issue....can't pre-empt every potential possibility.

Your property has no documented parking so it cannot be sold with parking you don't have.

You could try to claim rights over the land but parking is difficult since you haven't adversely possessed any land to the exclusion of all others so at best you could claim a right to park on said land and see if land registry will accept this claim but neighbours may also then claim the same rights on same land and unles your car was there 24/7 for >12-20 years you wouldn't be able to prove no one else used it....you could try and see what happens.....but this comes with risks because landowner may step forward and fence it off preventing you using it at all.

IdefixUK
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Re: Parking Land Registration

Post by IdefixUK » Sun Aug 11, 2019 2:37 pm

When you park on this "unadopted access drive" are you infact blocking access to land further along the drive....a field or another building perhaps, or does it become a dead end at the point where you park? If the latter then I rather think that if you can establish that the prevous owners of your property parked in the same place for in excess of 5 years up to about the time you purchased then you are in with a chance of establishing a easement to park by prescription. (Subject to the usual conditions regarding without force,permission etc). Generally the total time needed for a claim under prescription is twenty years, I presume you have parked there for the 15 years that you have owned the house.
15 + 5 =20years.
Mr sheen points out that a claim for adverse possession of the parking land would be problematical, I agree, from what I imagine is the situation on the ground from what you have written.(see below).
You really need to find the previous owners, or at least someone who could give a "statement of truth" the that the previous owners had parked there for over five years. I suggest that you will also need to investigate if the other houses nearby have rights over this land, if they can show they have easements over the "parking" land then those rights will need to be respected, and could possibly prevent a successful claim.

Please (pretty pretty please) post a diagram of the position on the ground, something may have been overlooked, as describing in words is so often open to different interpretations by the readers. You do not need to identify the address or people, just mark the diagram with say "my house" "house A""house B" "house C" "Roadway" "where I park" etc.

Regards

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