Legal advice – Garage

[jaspercpfc]

We purchased a property (block consists of 4 properties) with a separate garage for each resident at the rear of the garden.We are the only resident who doesn’t have a garage.
To this day we have no knowledge of who purchased the garage. On the property information form completed by the executor it states “there was a garage, - which was sold” no other information declared i.e name/date it was sold.
The land registry documents within the deeds dated 1961 states the garage wasn’t attached to the aforementioned property.
We have lived in the property for approximately 18 months, and I personally put a sign on the garage requesting to be contacted to clarify the situation, in the hope I could buy the garage back, or at least come to a compromise.
Since occupying the property no one has accessed the garage, and in my eyes it is effectively derelict.

Is there anything we can do to legally obtain it back? Is there anyway we can access this legally?

[Maz]

I thought this was what pre-purchase searches were for?

If someone else owns it, then no - there is no way to access it legally.

The way to get it back is to buy it.

[jaspercpfc]

Originally Posted by Maz

The way to get it back is to buy it.

We were aware of this when we purchased the property. There is no detailed information as to who purchased the garage/nor when. We checked this prior in the deeds/land registry, so there is no obvious way to obtaining this information.
No one knows who owns the garage.

[anna matronic]

There is a forum that has experts on property disputes and boundaries and the like. I can't remember the name atm but will let you know as I think they may be able to help.

[Maz]

Gotcha.

Interesting...

[swissroll]

Why not ask one of the other 3 if they want to sell theirs? It's a massive effort to prove there's no ownership and attempt to get it registered back to you.

[stinky]

Legal advice - Garage.

Good up until So Solid Crew. Sue the wankers.

[jaspercpfc]

Originally Posted by swissroll

Why not ask one of the other 3 if they want to sell theirs? It's a massive effort to prove there's no ownership and attempt to get it registered back to you.

Already approached the subject, and all have declined, which I accept. Some have a greater need for them than I do. We’ve been told from a few estate agents that purchasing the garage wouldn’t necessarily add any real value, as there is plenty of off road parking within the area. It’s a case of principles and trying to utilise space, - gardening tools/lawnmower etc have to be kept indoors which is an inconvenience.
I only approached the subject as one of the residents asked if I could help clearly some debris at the entrance to the garages. The garages are probably 100ft from the property, and my wife/I have would never have any need to go down to the bottom of the plot as we have don’t have access, yet the other residents are still happy for me to muck in maintain the area surrounding the garages.

[sw16girl]

If it is registered at the Land Registry (and it almost certainly is) you can get a copy of the Deeds and that will show the owner - if you are not sure of the address to order OfficeCopies you can do a Parcels Index Map Search to see what the title number is and then order office copies of that title number. Should be possible.

Alternatively you can start using it and hope no one stops you for 12 years. at that point you may (and I stress may because it is more difficult than it used to be) be able to claim it as your own - getting copies of the title deeds would be better and a better first step.

[Neckinger Eagle]

I wonder what dark secrets lie inside? When you finally get access you need to film it.

Sorry, not much help regarding the legal side, but I always find dereliction interesting.

[matthew]

Easiest way to do this is to go to the Land Registry website and order a copy of the title plan relating to your property.

This plan should show where the garages are. Print out your plan and edge red the garage in question. Also at the Land Registry site, you should be able to find a form called SIM (search of the Index Map). Complete as appropriate, print out and send off to the Land Registry with a cheque for £5.

This should take about 3 days to get back to you and will give you a title number of the garage in question (if registered). Once you have a title number, go back to the Land Registry site and order yourself a copy of the Register and that will give you details of who owns it.

Will cost you in all about £15 and you should be able to find out within a week.

[jaspercpfc]

Originally Posted by matthew

Easiest way to do this is to go to the Land Registry website and order a copy of the title plan relating to your property.

This plan should show where the garages are. Print out your plan and edge red the garage in question. Also at the Land Registry site, you should be able to find a form called SIM (search of the Index Map). Complete as appropriate, print out and send off to the Land Registry with a cheque for £5.

This should take about 3 days to get back to you and will give you a title number of the garage in question (if registered). Once you have a title number, go back to the Land Registry site and order yourself a copy of the Register and that will give you details of who owns it.

Will cost you in all about £15 and you should be able to find out within a week.

Hi, thank you for the advice. My wife/I have already done the above. On the land registry our property/garden is highlighted red, but there is no mention of the garage at all. No one certain has ever registered the garage. Elusive/frustrating to say the least.

[disco mixx kidd]

Id start using it and claim
Ignorance if real owner appears
They probaly used it decades ago
And have died/ moved abroad/forgotten about it
Probaly only cost them £50!
Back date a pic of you using it to day
You bought property and you've
Already shaved 18 mths of the 12 year
Thing! Real owner will never appear anyway

[jaspercpfc]

Originally Posted by disco mixx kidd

Id start using it and claim
Ignorance if real owner appears
They probaly used it decades ago
And have died/ moved abroad/forgotten about it
Probaly only cost them £50!
Back date a pic of you using it to day
You bought property and you've
Already shaved 18 mths of the 12 year
Thing! Real owner will never appear anyway

That would be the quickest solution, but it doesn't necessarily solve the problem long term. I am inclined to force entry (i.e get some bolt cutters for the padlocks) but would still like to find a long term solution that doesn't encroach the law.

[Seagull Eater]

if its connected for electricity you may be able to ask the electricity company who is liable to pay the bills ?

[Chocky]

Originally Posted by anna matronic

There is a forum that has experts on property disputes and boundaries and the like. I can't remember the name atm but will let you know as I think they may be able to help.

expertsonpropertydisputesandboundariesandthelike.c o.uk

[thefox]

Originally Posted by jaspercpfc

That would be the quickest solution, but it doesn't necessarily solve the problem long term. I am inclined to force entry (i.e get some bolt cutters for the padlocks) but would still like to find a long term solution that doesn't encroach the law.

Sorry if I've missed it, but who owns the land it's on ?

[Seagull Eater]

Originally Posted by thefox

Sorry if I've missed it, but who owns the land it's on ?

The land's not a problem, but getting the car in that side gate is a real nightmare. And as for cleaning the windows ? dont remind me.

[jaspercpfc]

Originally Posted by thefox

Sorry if I've missed it, but who owns the land it's on ?

This is the problem, the garage was sold in 1961, and there is no record of who it was sold to. The 4 residents own a share of the freehold, and it is my understanding that we collectively own the land. The garage was sold privately, but on the land registry it outlines what land "we" own, it doesn't include the garage.

[thefox]

Originally Posted by Seagull Eater

The land's not a problem, but getting the car in that side gate is a real nightmare. And as for cleaning the windows ? dont remind me.

You clearly didn't play enough Evil Kninevil and Dukes of Hazard when you were young.