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law regarding parking rights to property


dido42
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not sure where to post this one a colleague of mine lives on a unadopted road backing on to this road is a patch of land leading to several houses this land has been bought by a local my question is this if any of the residents sell their houses will the new owners then be charged a fee to gain entry to their house access if you like, also if any of the original residents dies and their family inherit the house will they then have to pay or will the access automatically transfer to them as it wouldnt be a change of family he and i have been discussing this at length on night shift and we cant come to any agreement on it i believe that the national trust take 10% or something of the house price if it backs onto their land:)

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It all depends on whether the title deeds of each property specifically reference the rights of access to the property. It would be unreasonable for householders to find they were effectively isolated due to said purchase, and it may be prident to challenge any such purchase if you cannot establish what rights the new owner has gained as part of his title.

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This could be a complicated issue and your colleague's best bet is to contact the planning department of your local district or city council, who will be able to advise him or her of the situation and his or her rights.

Gruffle Gaw vs Halifax - £1531.50: ***WON - cheque for £1966.78 received 30/09/06***:)

I'm not a legal professional and my advice is given without prejudice or liability.

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not sure where to post this one a colleague of mine lives on a unadopted road backing on to this road is a patch of land leading to several houses this land has been bought by a local my question is this if any of the residents sell their houses will the new owners then be charged a fee to gain entry to their house access if you like, also if any of the original residents dies and their family inherit the house will they then have to pay or will the access automatically transfer to them as it wouldnt be a change of family he and i have been discussing this at length on night shift and we cant come to any agreement on it i believe that the national trust take 10% or something of the house price if it backs onto their land:)

Dido,

 

Access to any property should be detailed on the properties deeds if the access is not in that properties title. This should not be dependant on the owner of property. Your can buy the title for the property online from the Land Registry for £3 - this should give an extract of any rights, covenants and charges. A copy of the deeds could cost £5 online. If this property is not available online then you will have to send a form in for a Search of the Index Map (Form SIM), this will return the title number for the plot and then you can order the Title, deeds, transfers, covenants, etc.

 

This all supposes that the properties are freehold and not leasehold, where there are covenants in the lease.

 

With regards the National Trust, I have never heard that they get 10% of purchase price of adjacent properties !!! What you may have heard is sometimes a covenant charge is placed on the property for 5, 10, 15, 25 even 50 years after the date of sale. Whereby the original owner gets a cut of the gain when the following owners develop or sell part or whole of the property - this can be as high as 50% of the gain.

 

Regards,

John

 

P.S. Some full stops would be useful.

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I have never heard of some legal right to park on others' land.

 

Often, there is a right to pass over the land for access purposes. (I'm not a lawyer and have only a limited understanding; but a right-of-way can be established through usage.)

 

But I'd have thought that generally such matters are so important they would be recorded on the deeds of the relevant properties.

 

Tim

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I know nothing what so ever on this BUT my Brother in Law started developing about 5 years ago and got absolutely stung by something called "A Ransom Strip"

 

Basically it was a strip of land really really small but the owner could hold the developer fro fortunes to allow him access.

 

Again, Im very vague on this but just remeber it coz he was a tad upset.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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its a ransom strip for these houses in my colleagues area too they have just inherited a house from a cousins death and because it was new they had to negoiate the access to the house via this strip of land i must admit before he had this problem i didnt even think that persons could prevent another person from entering their own property by buying a road or lane or even a small strip of land it seems that someone in their village is buying up these small strips of land in the hope of cashing in on sale values when new people want to buy houses in the area legalised robbery i call it i will take him the helpfull comments on here though maybe they can help him hope so thanks to everyone

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Normally they will not be charged, usually what happens if an unadopted road is involved is that there will be what is called an "easement" over the property. What this essentially means is a right of access to the property over the road. this easement is normally passed down to the new owners of the property during each conveyance so they shouldn't have to pay provided the solicitor they used remembered to register the easement with the Land registry when they completed the conveyance.

 

If someone inherits the house then title to the house will pass to them, the easement included.

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