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How do I find out my rights in a property matter

shelaghirving
by shelaghirving 10 November 2012  |  Comments 2 comments  |  Love Love  0 loves

I own an end of terrace property, and there is a space of several yards between my property and the next end of terrace. The owners of this property have a plastic corrugated roof spanning the two properties, at about first floor level, as they use the space (which also leads to the garden of their property) as storage.

I plan to have external insulation fitted, which would necessitate the roof being taken down and scaffolding erected for the duration of the installation of the insulation.

Before I approach the owners, I would like to know my rights, as they have erected a roof attached to the end of my property.

How do I find out what my rights are

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Comments (2)

  • MikeGG1
    Love rating 909
    MikeGG1 posted

    First of all, check the ownership of the land. You can download the records from HM Land Registry here http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

    You will need both the Title, which gives all the covenants etc, and the Plan, which shows the boundaries. It is best to get yours as well as theirs, so the total cost would be £12.

    If they own the land in between, they would still have needed permission to attach the roof to your property. That could have been verbal by previous owners, so don't expect it to be included in the documents you download. You still have a right to do work on your property and access from their property to do so. You would also be able to remove sufficient roofing to enable you to do the work, but you would need to replace it afterwards. The Party Walls Act refers.

    If you own the land in between, or they only own part of it, then they are trespassing on your land. You could require them to remove the roof over your land, or arrange for a shared use of the land.

    I would have thought that the most likely scenario was for the land to be owned half each, so each would have access to their back garden.

    However, if your back garden only goes up to your house wall then it is likely that they own the whole.

    Mike

    Posted on 10 November 2012 | Love Love  0 loves Report
  • shelaghirving
    Love rating 0
    shelaghirving posted

    I think that the land is probably owned by my neighbours, but thankfully, I should have the right to access my gable end.

    Thanks Mike for your valuable information

    Posted on 10 November 2012 | Love Love  0 loves Report

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