pilman wrote: ↑
Sat May 23, 2020 2:56 pm
After posting the previous comment I logged on this afternoon to see if there had been a response from the Original Poster confirming that he/she understood what I had posted.
When I saw no response, I decided to re-read the entire thread to try and understand some of the phrases used in the initial posting, because it seemed likely that the OP was unfamiliar with Land Registry procedure when a property is first registered.
The plan used for each title plan is based on the version of the Ordnance Survey map available at the time of first registration. The red line drawn on each title plan is stated to be the "General Boundary" position and often the red line is drawn over the top of a black line shown on the plan, which is where a physical element such as a fence or hedge was seen by the surveyor who did the survey on behalf of OS.
The plan used with the 1981 conveyance, which would have been drawn by the Council's Surveyor responsible for the right to buy transfers, showed the red line going from the front corner of the garage to a point that appeared to be mid-way between the corners of the two houses and then continuing in a straight line to the front boundary of the property being transferred.
That plan also showed the position of the existing fence that went from the front corner of the house being retained by the council, as well as identifying what may have been an existing fence in the front garden of the house being transferred, which had a "T" mark drawn next to it even though that was not the boundary of the land being transferred with the house.
At some time after 1981 it seems as though the Local District Council decided to transfer all of its existing council houses to a Housing Association after the Government passed legislation allowing this to happen. These were known as Large Scale Voluntary Transfers because there were a large number of properties included.
That was when the Housing Association would have applied to Land Registry to register each transferred property with a separate title number.
If the OS map available to Land Registry at the time of the trasnfers showed the black line where the fence of the house was actually positioned when the survey had been undertaken by OS, which was where it was shown on the Council's plan in 1981, then there is a strong probability that this was where the red line on the title plan was drawn.
That is the probable explanation as to why there appears to be an unregisterd area of land between the two adjacent properties.
The General Boundary rule is mentioned on the Official Plan for each house.
"This title plan shows the general position, not the exact line, of the boundaries."
Any use of the shared access drive is because there is a right of way over the areas shown with the different colours on the 1981 plan.
Now that the next door fence has been moved, part of the area granted as a right of way is no longer available for you to use. That is a trespass over your granted right of way that should be notified to the Housing Association as the property owner, as well as to the current tenants who have erected a fence that is now reducing the width of a granted right of way. That is a substantial obstruction.
The other point referred to in an earlier posting was about parking a car in front of the garage.
Since that would not prevent the neighbour from walking to the back garden it would not seem to be a substantial obstruction to the reserved right of way, which may not have been for a vehicular access in 1981.
It was most probably a pedestrian access, which is how the neighbouring tenant would have gone to the back garden when there was no parking space set out behind the house in 1981.
The wording used when the right of way was reserved in 1981 needs to be looked at as soon as the copy conveyance is received from Land Registry.
Did it specify that vehicular or pedestrian access was reserved?