UK Property Law

Get UK Property Law Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

UK Property Law

My garage is detached from my house (new estate) and access

Customer Question
is via a "private road"...
My garage is detached from my house (new estate) and access is via a "private road" owned by my neighbor. Am I allowed to park my car in front of my garage (on "his land") and if not, what can he do to stop me?
Submitted: 1 year ago.Category: UK Property Law
Show More
Show Less
Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
Also - if I had the opportunity to (ie, if he sold the house and the new neighbours could be convinced to do so) - would it be worth my while buying a car sized piece of land off him? Baring in mind he has to allow me access to my garage anyway so couldn't use it for anything...
Answered in 2 hours by:
4/10/2016
Solicitor: James Mather,
 replied 1 year ago
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
Verified
Good evening. Thank you for the question. It is my pleasure to assist you with this. Please bear with me over the weekend because I may not get back to you immediately but I am online several times each day, throughout the day. I’m sorry to tell you that unless you specifically have the right to park on that land you are not allowed to park on it or cause a kind of obstruction. If someone has parked on it for 20 years or more, it may be possible to obtain the right to park under prescription act. However, does not because you say that is a new estate. So the situation is that you can passover it but not remain on it. The usual way of wording this is to have something in your deeds to the effect of “the right at all times with vehicles and on foot to pass and re-pass over the area shaded blue” or suchlike. There is no right in that case. You ask what he can do about it. Well, he cannot park on the land without obstructing your right-of-way. What he can do however is tell you not to do it and threaten you with the court application for an injunction to prevent you parking on the land and he would also astronaut toward the costs of the application against you. If he has already raised the issue that he doesn’t want you to do this, it’s probably not worth risking. I accept what you’re saying about him not being able to use it in any event so is not losing anything but some people are just plain awkward. It is of course worthwhile buying the piece of land if you can come to a mutual agreement on price. There is no formula for this. It is as much as you want to pay and as little as he will accept. There is no onus on anyone to sell. Does that answer the question? Can I answer any specific points arising from this? Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards
Ask Your Own UK Property Law Question
Solicitor: James Mather,
 replied 1 year ago
Can I assist you any further with this?When you get a moment, could you please rate my answer service positively so that I get credit for my time. It adds nothing to your costs but it helps me greatly.Thank you.
Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
Stuart. Many thanks for your time answering and apologies for my delay in getting back to you. The neighbor in question has now recinded our use of the land for parking (they claim that the increased manoeuvring of their vehicle due to placement of our vehicle is causing undue wear and tear on the land they own... incredible)One further question; how do I go about obtaining their deeds/contract so I can see our exact usage rights of that land? I'd hate to offer to buy/rent/share costs to repair the land when it turns out we had right to park there all along.Many thanks
Solicitor: James Mather,
 replied 1 year ago
Thank you for the follow-up question.I dealt with this almost a month ago this you have not yet used the rating service, I have had no credit for by answer. Can I trouble you to do that for me please? It really is an important part of the process otherwise I spend my time here for nothing. Thank you.You can get the deeds of the property from the land Registry 3 pounds for the title deed and 3 pounds for the title plan. Here’s the link.https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/if you have not got an address then you will need to do a search the index map using form SIM from the land Registry and a scaled plan to identify the land. They will then come back to you with a title number (the search is free) and then you can buy the deeds using the link above.
Ask Your Own UK Property Law Question
Customer reply replied 1 year ago
Those deeds purchased for £3 won't be their complete contract and won't fully list all covenants etc, will they?I'll use the rating system don't worry
Solicitor: James Mather,
 replied 1 year ago
thank you. It will show all rights and reservations registered against the title deeds will not show informal and unregistered rights for reservations. However if anything is done informally where the person simply granted you the right to park verbally and has now changed his mind, there is nothing you can do about that. That is done as a licence/tenancy at will and it could be withdrawn unreasonable notice.Unless there is some of the documentation software, the only evidence of the right to park (or not) and ownership will be in the actual title deed of the garage and your house. Sometimes, the right to use the garage area for parking will be noted in the house deeds but not necessarily noted in the title to the garage land.
Ask Your Own UK Property Law Question
Solicitor: James Mather,
 replied 1 year ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask James Mather Your Own Question
James Mather
James Mather
James Mather
Category: UK Property Law
Satisfied Customers: 22,629
22,629 Satisfied Customers
Experience: Senior Partner at Berkson Wallace

James Mather 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:

Aston Lawyer

Aston Lawyer

Property Solicitor

1,736 satisfied customers

LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law

Thomas

Thomas

Lawyer

1,336 satisfied customers

BA (Hons), PgDip, Practising Solicitor

Clare

Clare

Solicitor

1,324 satisfied customers

25 years exeperience

INC

INC

Solicitor-Advocate

812 satisfied customers

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

Alex J.

Alex J.

Law

447 satisfied customers

LPC, 2 Years Conveyancing

Buachaill

Buachaill

Barrister

282 satisfied customers

Barrister 17 years experience

Matt J

Matt J

Solicitor

216 satisfied customers

LLB(HONS)

< Previous | Next >

Related UK Property Law Questions
I just need to kmow if there is any charges on my property.
I just need to kmow if there is any charges on my property. … read more
propertylawyer
propertylawyer
Llm
258 satisfied customers
Second opinion please have a question- would those on help
Second opinion please have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb Abdullah have a lodger? My neighbor is harassing me - he does not like the idea of traff… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
38 satisfied customers
I have a question- would those on help to buy scheme and
Hi I have a question- would those on help to buy scheme and Mortgage loan be able to do Airbnb… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Myself and my girlfriend are having trouble with our
Hi, myself and my girlfriend are having trouble with our landlords who I would describe as 'Rogue Landlords'. My girlfriend has lived in the property for seven years and I moved in six years ago to be… read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
We have a where we meet and hire out to the public much of
We have a hall where we meet and hire out to the public much of the time. There is an area of unregistered land at the back where both we and selected customers (usually the organiser &/or caterer) pa… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,192 satisfied customers
I already have planning permission to build two houses in my
I already have planning permission to build two houses in my garden together with one house in my neighbours garden to make 3 houses. An amount has been verbally agreed with my neighbour for the value of their garden. I would now like them to enter into an Option Agreement with me prior to marketing the plot to developers. Would I be exposing myself to Capital Gains tax by entering into an Option Agreement with them? … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
A scheduled of leases in a property title Document lists 7
Hello A scheduled of leases in a property title Document lists 7 leases. 6 if the leases Have the words ‘part of, next to them, the 7th lease doesn't. Why is the 7th lease different and what does this… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,663 satisfied customers
I am a leaseholder and installed a new boiler replacing old
I am a leaseholder and installed a new boiler replacing old gas fire with an electric fire and putting a new combi boiler in the kitchen and removing the large water tank in the storage cupboard - the… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,663 satisfied customers
I own a studio flat and looking to sell, Ive renewed the
Hi I own a studio flat and looking to sell, Ive renewed the lease after a painful and costly dragged out court process.I have the property on the market and the freeholder has made a low offer for var… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,192 satisfied customers
My mother passed away in September 2017. She left half her
Hi , my mother passed away in September 2017 . She left half her house to me in her will . My father is still alive and we are all currently living in the house . I am Exeter of the will . My question… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,192 satisfied customers
I am currently looking at how to split property between me
Hello. I am currently looking at how to split property between me and my partner fairly. … read more
Clare
Clare
Solicitor
Bachelor's Degree
1,324 satisfied customers
Our builders have issued a court order and we need legal
Our builders have issued a court order and we need legal advice or solicitor to represent ourselves … read more
Jamie-Law
Jamie-Law
5,329 satisfied customers
My Daughter's Stepfather had a property company managed by
My Daughter's Stepfather had a property company managed by his son. 3/4 years ago the son sued his father for 1 million pounds that he said he was owed. A long court ensued which incredibly was won by… read more
frantzgregory
frantzgregory
670 satisfied customers
I am sole tenant on an HSBC mortgage and deeds to a new
I am sole tenant on an HSBC mortgage and deeds to a new purchase but would like my partner to have an equity share but without the mortgage liability. Can this be done this through a declaration of tr… read more
Buachaill
Buachaill
Barrister
Master's Degree
282 satisfied customers
I am a UK taxpayer. I plan to provide 150000 to a Brazilian
I am a UK taxpayer. I plan to provide £150000 to a Brazilian company for a small property development.The investment is repayable within 12 months at £150000 +20% or £150000+ 45% of the profit whichev… read more
Sarah G
Sarah G
Consultant tax lawyer
Master\u0027s Degree
36 satisfied customers
I currently have 1 property as a buy to let and a second property
I currently have 1 property as a buy to let and a second property with a standard mortgage. I am in a position to buy a third property and would like advice on what tax structurewould best suit these … read more
Andrew Baker(baktax)
Andrew Baker(baktax)
Self employed tax consultant
High School or GED
756 satisfied customers
My mother died in May and I have inherited 1/4 of the house,
My mother died in May and I have inherited 1/4 of the house, 1/4 my brother, 1/4 my other brother 1/4 my sister. My brother and sister want to stay in my mum's house. My brother has offered me his hou… read more
TonyTax
TonyTax
Tax Consultant
High School or GED
8,887 satisfied customers
Do you know if there is a way to change a property title
Do you know if there is a way to change a property title deed to reflect a specific percentage each joint party owns … read more
Nick H
Nick H
LLB
123 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