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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart. I an the Company Secretary block f flats

Customer Question

Hi Stuart.
I an the Company Secretary for a block f flats management company. The owners bought the freehold years ago. This included a parcel of Verge on the other side of the street in front of opposite houses. One of these has paved over their front lawn to park a car, but cannot do so without crossing our land, which they are damaging. As private land we are planning to put down stones to block this. They are claiming that their Legal Title grants them absolute right of way with or without vehicles 'over the roadway and footpaths' to their Property. Would this be correct and does this include Private Land
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Stuart J replied 2 years ago.
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
What do their deeds and your deeds say on this point?
Customer: replied 2 years ago.

Not sure what I would be looking for in in what document . Would this be the original deed to the block or my personal flat? The Properties concerned date back to the late 60's and it is only in the last year that they have paved their front.

Expert:  Stuart J replied 2 years ago.
You need to find out the exact extent of the land owned by the management company and the extent of any right-of-way over the land. It could well be noted in the neighbours deeds who want the access or it could be noted in your deeds or both.
You will get a copy of any title deeds for registered land from the land registry by paying £3 for the deed and £3 for the plan. They download in seconds.
Here is the link
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
If the property has no address, you can do a search of the index map at the land registry using land registry form SIM which is here.
http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf
The last time I did one the fee was 4 pounds.
You are going to need to attach a large-scale plan based upon the ordnance survey with the area that you are enquiring about edged in red. A plan from Google Earth is not sufficient but if you get the deeds of an adjoining property you can probably use the plan from those deeds (the plan is 3 pounds) and highlight the area you are enquiring about in red.
If you haven’t got a large-scale plan sufficient to identify the area, what I normally do is get the land registry plan of the closest registered property and then photocopy that and mark the area I am enquiring about. The land registry can never say that their own plan is not sufficient!
When you get the result of the SIM back it will give you a title number of the property you are enquiring about and you can then get the deeds using the link I posted earlier up this last message.
If the property is not registered at the land registry there is absolutely no way you can find out who owns it if no one knows or no one has any knowledge or no one knows where the deeds are. Very often, deeds get lost and people die and simply gets forgotten about.
If there is no right granted in the deeds for them to cross this piece of land to park their car and they have not previously done so for a period in excess of 20 years you in effect have a ransom strip and you can stop them doing so.
If they cause damage to the land in doing what they’re doing without consent, then you are entitled to compensation/damages in respect of the problems they cause.
It comes down to the exact wording of the grant in their deeds and the extent of “over the Roadway and footpaths” this. It may be that the area of land that you’re talking about isn’t roadway or footpath but simply a verge which means that they can drive up to the property all day long but not actually crossover the verge onto the front of theirs.
It’s essential to look at the deeds plans and the wording