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If you are listed on the registered title as the proprietor at Section 2 of the register and the filed plan associated with it includes the garage then it is yours and you have right to use it solely provided that is nothing listed in the register which affords another person to use it.
You should approach the person informally at first and provide them for a copy of the register and filed plan.
If they do not permit access then I would go back to the solicitor who acted in the purchase and ask them to write a letter before action to them (£40-50+VAT) to the person requesting access be permitted and contents removed, failing which you shall apply for an order for possession to have them evicted.If the person does not comply after this they you will be forced to apply to County Court for an order for possession. They will have a chance to defend but if they cannot produce anything in documentary which affords access then they will not get very far.
Once you have an order for possession you will be at liberty to apply to court for a warrant for execution so that the court bailiffs evict the them.
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I will answer your follow up questions you may have.
Is a mortgage deed the same as registry ? I have checked the paperwork from the solicitor my ex used for conveyancy, there is no mention of a garage. However,it appears on the Title Register,and a neighbour has told me that all the houses on the side where I live all have garages, if it had been sold privately would it still be shown as mine on the register and on the Title plan ?
I cant find what you mentioned in paragraph 2, it is all double dutch to me.Would it be on the register or plan,as yet I havent the deeds as my ex still has them,until he transfers them to my sole name, to do this does he need the absolute?
The mortgage deed probably wouldn't mention the garage, don't worry about that - the importnant document is the Land Registry title register and filed plan.
If the LR title register and filed plan show that you own the garage in that it is included in the land edged red on the plan and you are listed the as the registered propreitor of the title by being listed on the register then this shows you own the garage
There are no such things as "deeds" - the Land Registry register is your evidence of title and has replaced the deeds of the old system. This is the importnant document to which you should refer.
I trust this clarifies, if so please click accept. Kind regards,
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