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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Im trying to find out who own a private road Waterfront Walk

Customer Question

Im trying to find out who own a private road Waterfront Walk in Basildon Beside the leisure centre.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I raised man-hole wherethe bricks have sunk all around it have taken out the sump on my car. Its in Basildon Essex UK
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: Essex Highways authority does not know who that road is registered to.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Property Law
Expert:  Stuart J replied 5 months ago.

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 but it keeps changing because the time before that it was free.

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 you want to find out because you’ve been injured on the land or damaged some property and you want to bring a claim under the Occupiers Liability Act, then you would generally pursue whoever has maintained the road which is why maintaining a private road where the owner is not known, is never a good idea and many of these roads fall into great disrepair. That’s because whoever starts to maintain it, can be deemed to have taken control of it and be responsible.

Does that answer the question? Can I answer any specific points arising from this?

Please don’t forget to use the rating service to rate my answer positively. You may think the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards

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