Discussion
i moved into my house about 18mths ago. i have a 100ft long garden, behind which is a fenced off car park, a load of bushes/trees, then a road.
google maps shows this car park being used, but in all the time i've been here i've never seen a single car in it. there is no signage and no barriers / control booth etc. there is a 10ft fence surrounding it, with a gate that is always closed but not locked [i know this as i use the car park when repairing my car].
as i said, my garden backs onto this land, and if i could gain a right of way i would like to take down the fence at the bottom of the garden and build a garage.
so, how do i go about finding the owner? do the land registry do this as with houses?
i believe it is likely council owned. if so, how likely is it that i would be granted access? how would i go about proposing this?
cheers,
phil.
google maps shows this car park being used, but in all the time i've been here i've never seen a single car in it. there is no signage and no barriers / control booth etc. there is a 10ft fence surrounding it, with a gate that is always closed but not locked [i know this as i use the car park when repairing my car].
as i said, my garden backs onto this land, and if i could gain a right of way i would like to take down the fence at the bottom of the garden and build a garage.
so, how do i go about finding the owner? do the land registry do this as with houses?
i believe it is likely council owned. if so, how likely is it that i would be granted access? how would i go about proposing this?
cheers,
phil.
falcemob said:
To find the owner do a land registry search giving the exact location of the bit of land in question. They will provide the owners name and address. It cost me £4 last time I did it but that was 8 years ago.
If the land is registered, but most is these days.Yes, you can supply your Land Registry code and ask for the details of the owner of the parcel of land which adjoins your boundary.
You can do a free search to find out if it's registered - called an Index Map Search, using form SIM which can be downloaded from the Land Registry's website. Fill it in and send it off with a plan showing the land (try to keep to just the land in question because the result will consist solely of title numbers, with no other details).
You then pay £6 now, not £4, to get the title and registered plan for each title revealed.
You then pay £6 now, not £4, to get the title and registered plan for each title revealed.
cheers for the replies.
will phone the council this week, if its theirs then it saves me some hassle. if not i'll try the land registry.
but about the second part, how would you go about persuading the landowner to permit access? i can see me doing the legwork only for them to tell me to FO.
will phone the council this week, if its theirs then it saves me some hassle. if not i'll try the land registry.
but about the second part, how would you go about persuading the landowner to permit access? i can see me doing the legwork only for them to tell me to FO.
You could try asking them nicely. If that doesn't work I'd imagine your only option would be to hire a parking space or two. If it's as little used as you say and they're reasonable folk I wouldn't see a problem with you using the land as long as you didnt damage anything and could vacate it at short notice if need be.
shirt said:
but about the second part, how would you go about persuading the landowner to permit access? i can see me doing the legwork only for them to tell me to FO.
Well, write to them and say "I'd like access to your land which I notice you don't use a lot, and I'd pay £100 a year to do so".If you just open up a gate and use the land to come and go to yours 'as if of right and without permission' (important those conditions) without anyone challenging/interrupting you for a period of at least 20 years, you acquire an easement by prescription under the doctrine of lost modern grant. Loads of local authorities end up with their property being unintentionally encumbered like this due to ineffective asset management.
If you fancy being more upfront, the basic valuation principle is that the consideration for a right of way should represent something like one third of the enhanced value of the benefitting land arising from the new facility. This is why ransom strips are so named.
If you fancy being more upfront, the basic valuation principle is that the consideration for a right of way should represent something like one third of the enhanced value of the benefitting land arising from the new facility. This is why ransom strips are so named.
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