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Access to my property


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The land registry have refused to register a part of my farm access road which runs between two other properties. On my deeds it is a part of a field and the written part includes it as our property. On the map it is left uncoloured. I've queried this with a solicitor whose father drew up the deeds and he states that it was his job as a small boy to ink in the areas on the map. It would seem therefore that it is a mistake.

 

When the deeds were drawn there was only one property besides ours in existence. As per LR's policy only the property area is designated and not any roads by them.

 

In the LR's literature it states that where a road is unmade (this road has always been stoned by the farm ans so is technically made up although not tarmacked) the properties abutting it own the road to the middle. Well there are actually three properties abutting and this is not covered in the LR literature.

 

In my opinion as the farm has had unfettered use of this area for a minimum of 75 years and have always maintained it, it can be argued from that standpoint that it belongs to the farm. In fact the road was actually dug out by the farm.

 

The other point is this area is designated as grazing land of our sheep and is shown as so on DEFRA maps.

 

I know this sounds complicated but it has now arisen (after 26 years of our occupancy) because one of the neighbouring properties is objecting to our stopping on that area (essential for us as it is the only access to our residence) and is accusing us (with police support) of harassment because we stop there!.

 

Is there anyone out there who can advise, please?

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  • 5 weeks later...

Hi there PP, I'm sorry it's taken so long for me to reply :-(

 

If it's marked on your maps as yours and is also on the defra maps and SFP paperwork, all you need to do now is get a statuary decleration from maybe your solicitor or anyone really with knowlede of your entitlement. Then approch LR again. If they still refuse, you may have to go to court to though your solicitor to enforce your rights.

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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