UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I live in a crescent row of houses which has a parcel of…

I live in a crescent...
I live in a crescent row of houses which has a parcel of land behind it. For more than thirty years this has been maintained by the residents and used as a car park. It was assumed by everybody including solicitors to be part owned by the residents. It now appears that this is owned by tapestart ltd who have put the lease up for auction. What right do we have to claim the land as our own, and what will be the effect on the residents if it is sold to a third party
Show More
Show Less
Ask Your Own UK Law Question
Answered in 13 hours by:
3/24/2018
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,401
Experience: 30 years in General Practice
Verified

Hello for clarification - what do you mean including solicitors?

was is always owned by Tapestart ltd do you know?

Ask Your Own UK Law Question
Customer reply replied 1 month ago
These houses were built in 1903 so I don't know the original owners, possibly the Greenall family,local brewers and landowners. I don't know when Tapestart purchased the land. When we took out the mortgage one of the questions asked by the bank was that the solicitor check on the situation regarding the status of the land in question. I do not know whether this was done.

Greenall Whitley. There is a blast from the past. Warrington. Wilderspool Ales :-)

Because this land has not been used exclusively by anyone, for more than 10 years if it’s registered at the land registry or 12 years if it isn’t registered at the land registry, then no one has a claim for adverse possession.

However as it appears that you have used it without consent or objection and not in secret for parking then if you have done that for more than 20 years, you can claim an easement by prescription under the Prescription Act. If you have done it since time immemorial (including your predecessors) you also have a claim for an easement under the doctrine of Lost Modern Grant. Lost Modern Grant arises when someone has used a piece of land or exercise the right of way for so long that it must have been granted by deed but because it was so long ago the deeds have been lost. It’s a bit of a work of fiction to be honest but still good law. The new buyer buys the land subject to any rights which are discoverable on a reasonable inspection and therefore, if the land is not registered you need to register a Class D land Charge against the property or if it is registered you need to apply to the land registry (all of you) to register your individual easements.

Unless you have experience of this, it’s probably better entrusting that to a solicitor and you need to do that now. You also need to give Tapestart Ltd notice that you are doing that although the land registry will tell them in any event.

If Tapestart purchased the land within the last 20 years or so, it will be registered at the land registry and you can get the title deeds from this link for 3 pounds https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

If there is no address and you can’t find it using the map enquiry facility (somewhat awkward to use) 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.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,401
Experience: 30 years in General Practice
Verified
F E Smith and 87 other UK Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask F E Smith Your Own Question
F E Smith
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,401
10,401 Satisfied Customers
Experience: 30 years in General Practice

F E Smith is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I am looking to sell the first property (Birrell) I ever
Hi, I am looking to sell the first property (Birrell) I ever purchased back in March 2000. I purchased it with a mortgage and it already had tenants in it and has been let for the entire period of own… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
193 satisfied customers
My daughter is in supported housing and I have been banned
My daughter is in supported housing and I have been banned from visiting the building because I have been wrongly accused of being aggressive to staff, There are issues that makes me believe it is bec… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,898 satisfied customers
UK. I have a cifas marker that was put by Barclays i asked
hi my name is*****: Are you in the UK or the States? It matters because laws vary by location. Customer: UK … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,123 satisfied customers
At the moment I'm disputing a debt for tax avoidance with
At the moment I'm disputing a debt for tax avoidance with hmrc we are at the stage of adr and I have make an appeal to first tier tribunal in case adr doesn't work outMy problem is I have received a p… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
193 satisfied customers
I have asked my boyfriend to move out. he has lived with me
I have asked my boyfriend to move out. he has lived with me for 3 years and paid money into my account for some of that time as rent. His name is ***** ***** the deeds, there is no tenant agreement an… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
We have had 3 accounts with WorldPay for over 10 years last
We have had 3 accounts with WorldPay for over 10 years last year we put one of our companies into voluntary liquidation but have continued to trade through one of the other companies we have never had… read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,123 satisfied customers
UK Immigration: Entry clearance office refuses my mother
UK Immigration: Entry clearance office refuses my mother right to visit me and family in the UK on the basis my mother didn't provide evidence of income. The refusal letter advises no right of appeal … read more
frantzgregory
frantzgregory
782 satisfied customers
I've offered a IT contracting position which was introduced
Hello I've offered a IT contracting position which was introduced by headhunter agency and all communications were done via agent so far. I accepted the offered daily rate and set up the limited compa… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
My son was arrested in the USA for attacking a policeman on
Hi my son Scott was arrested in the USA for attacking a policeman on new years eve 2017. He is a serving soldier in the British army and currently in the process of being medically discharged because … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
193 satisfied customers
Micheile Jenniifer Marshall do I have any unclaimed money or
Hello my name is miss micheile Jenniifer Marshall do I have any unclaimed money or assets owed to me … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,123 satisfied customers
I was charged with kerb krawling four years a go i want to
i was charged with kerb krawling four years a go i want to know do i have to show that as crimal charge … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,898 satisfied customers
I lied to police when a lad 13 years old took my car when I
Hello, I lied to police when a lad 13 years old took my car when I was teaching him to drive without my permission. I lied to police and said my car … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,123 satisfied customers
In the UK, is it legal and or customary for a commission to
In the UK, is it legal and or customary for a commission to ask for money to execute a notarized transfer of inheritance from probate to beneficiary … read more
Jamie-Law
Jamie-Law
Solicitor
Bachelor of Laws (LLB)
6,123 satisfied customers
I am from London I was charged with kerb crawling 8 years a
HI i am from London I was charged with kerb crawling 8 years a go but it doesn't show in my CRB or enhanced CRB. I recently asked for my police record and its not showing on it as well should i tell m… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Nd holds a I have met and proposed to a Chinese lady, she
Hi Pearl, nd holds a I have met and proposed to a Chinese lady, she has accepted my proposal and we intend to marry, I had hoped we could marry in North Cyprus where I live and have my own home but it… read more
frantzgregory
frantzgregory
782 satisfied customers
I have been visited today By a company called S J Associates
I have been visited today By a company called S J Associates (UK) Ltd in relation to reviewing my business rates increase and negoitating a reduction.. I signed the relevant paperwork but, having read… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Myself and partner have been refused membership by a members
myself and partner have been refused membership by a members club very few applicants are refused according the the membership officer … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
193 satisfied customers
My partner has record for domestic violence and this time he
My partner has record for domestic violence and this time he has been chargedvwith assault by beating as not got hospital report as have server concussion and brusing is coming out on my body . What c… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,898 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x