Access to garden

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Access to garden

    Hi, I live in a leasehold flat. There is a garden (that I rent from the National Trust) positioned at the rear of some buildings / land which was owned by the freeholders of my property. The freeholders have recently sold the land between my flat and the garden to someone else, who is now contesting my right of access to the garden. Do I have any rights to walk through the new owners land to access my garden area? The garden has been used by occupiers of my flat for 8 years plus.

    #2
    The use of a path for 8 years does not give you any rights of adverse possession.

    What you need to do is check the freehold and leasehold deeds for information as to what if any easements that have been given for access through the land in question.

    Do you have an alternative access to your garden?

    What is the intended use of the land through which you no longer have access? i.e it would seem the land would be more valuable to you than as an isolated plot to an outsider.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      Access to garden

      Originally posted by Worldlife View Post
      The use of a path for 8 years does not give you any rights of adverse possession. What you need to do is check the freehold and leasehold deeds for information as to what if any easements that have been given for access through the land in question.

      Do you have an alternative access to your garden?

      What is the intended use of the land through which you no longer have access? i.e it would seem the land would be more valuable to you than as an isolated plot to an outsider.
      Hi thanks for your prompt reply. I cannot see any thing in the leasehold documents about access to the garden and do not have the freehold document to refer to. There is no alternative access to the garden other than via a field which is accessed through a wood! The land between my flat and the garden has been sold to convert an old building into 3 flats with parking spaces.

      I have heard about people who walk through an area establishing private right of way and the term custom and practise, does this have any bearing on my situation? If I could prove the access via the land to the garden has been used by various tenants in the flats for more than 20 years , would this give me any rights - does easement only apply to one leaseholder?

      Comment


        #4
        You need some expert help on this issue as if you and other leaseholders or tenants can prove established use of the building plot then that will affect what the developer can do on site.

        Are there existing flat leaseholders or tenants who have been there for twelve years or more? These people could have adverse possession rights if you can state exactly the route their access through the development land.

        The first stage is to prepare an accurate and detailed sequence of how many flats are involved and the length of occupation by current leaseholders or tenants and preliminary statements from them of their use of the land in question.

        The overall freeholder may have been aware of rights of adverse possession and with an intention to sell development land has issued new leases that without easements on them negate the right of the new leaseholder to the right of access by adverse possession. The developer may not have gone ahead with the purchase if there were clear easements or rights of adverse possession to the development land.

        The following members of the forum would be able to give more help than I can. Have a look at their previous postings and home webpage.

        Richard Webster
        jeffrey

        I have forwarded a copy of this message to them but you may wish to contact them by email, personal message or through their website.

        You can get details of the freehold from Land Registry Online
        Vic - wicked landlord
        Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
        Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

        Comment


          #5
          Originally posted by kerry View Post
          Hi thanks for your prompt reply. I cannot see any thing in the leasehold documents about access to the garden and do not have the freehold document to refer to. There is no alternative access to the garden other than via a field which is accessed through a wood! The land between my flat and the garden has been sold to convert an old building into 3 flats with parking spaces.

          I have heard about people who walk through an area establishing private right of way and the term custom and practise, does this have any bearing on my situation? If I could prove the access via the land to the garden has been used by various tenants in the flats for more than 20 years , would this give me any rights - does easement only apply to one leaseholder?
          So, when you acquired a leasehold interest in the garden, was it envisaged that you could access it? Is it landlocked? Did your solicitor not explain about lack of easements?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

          Latest Activity

          Collapse

          • Reply to Less than 50% of freehold
            by Lawcruncher
            Do you mean that you are buying a leasehold flat with a share of the freehold?...
            29-06-2022, 21:47 PM
          • Less than 50% of freehold
            by raskitt
            I have just started conveyancing for a share of freehold flat. The flat is the ground floor of a converted house.

            I have just found out that the other 2 share of freehold flats are owned by the same person (who originally owned the whole building).

            How much of a problem is...
            29-06-2022, 13:28 PM
          • Reply to Flying freehold
            by pilman
            It is possible that the house was originally a council owned property along with the other houses in the terrace.

            The register of title may show the details of the original transfer deed with a Copy Filed at Land Registry, as may the register of title for the adjacent house that has access...
            28-06-2022, 09:08 AM
          • Flying freehold
            by SouthernDave
            I’m hoping Lawcruncher or other legal minds can comment on this… seen a property to buy, its terraced so there’s a house on both sides, but there is an open walkway through the house to allow access to the rear garden. This also gives access to the immediate neighbours gardens. the ‘alley way...
            15-06-2022, 19:29 PM
          • Ex Council Garage Land
            by Ian Palmer
            Ex Council Garage Land

            Two years ago during lockdown I walked my local area and noticed a piece of land that looked like it had been abandoned. The land was open for anyone to walk into and as I got to the end of the driveway there were two run down sheds/Garages from the 60’s, Asbestos...
            29-01-2022, 11:14 AM
          • Reply to Ex Council Garage Land
            by Lawcruncher
            In the case of housing I think it is safe to assume they did own it.



            Whenever local government gets reorganised a lot of land moves between councils by Act of Parliament and without the need for a written document. A change of ownership of unregistered land by statute does...
            27-06-2022, 09:40 AM
          • Reply to Ex Council Garage Land
            by Another Fine Mess
            And with Councils what they want for land that they own can change as policies alter.
            27-06-2022, 05:08 AM
          • Reply to Ex Council Garage Land
            by Another Fine Mess
            Just because the Council gave the land to the housing association doesn't mean that they owned it in the first place.
            I have rented some land for over 40 years, I checked with the Land Registry recently and another authority are showing some of the land as belonging to them. Which explains why...
            26-06-2022, 15:18 PM
          • Reply to Ex Council Garage Land
            by Ian Palmer
            Hi Lawcruncher, thanks for your comments much appreciated. Well my intentions are to start growing trachycarpus fortunei or (windmill palms) over the next year, the seedlings are already in and sprouting.
            It has taken so long to tidy up the land there is only myself and an occasional help from...
            24-06-2022, 13:04 PM
          • Reply to Ex Council Garage Land
            by Lawcruncher
            If you are in or thinking of going into adverse possession of land it is always a mistake to ask questions about ownership or contact the owner or anyone you think may be the owner. The only thing you should do is to check if the land is registered.

            Here the land is unregistered. So long...
            24-06-2022, 09:59 AM
          Working...
          X