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Responsibilities in unadopted carpark

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  • Responsibilities in unadopted carpark

    Hi,
    I wonder if someone might be able to help with my misunderstanding of my deed title. Please see attached image (apologies for the juvenile attempt at CAD).




    I live in the end of a terrace of 4 houses (no 1 - coloured green). I have a parking space allocated in an unadopted car park on the opposite end of the terrace (also coloured green). My title highlights my property and the car park as my own, for which I have no doubt I am responsible.
    Behind the terrace, there is a large property (5) at a much lower level to the terrace and carpark separated from the terrace by a drystone wall. There is an access path that runs behind properties 2-4 leading into the car park, but my property is not connected to this. On the other side of the car park, there is another property that uses the car park. The drystone wall stops about halfway along the car park, and the portion in which these other cars are parked are covered by a different brick wall.
    The person who lives behind the terrace has informed me that rain water is running from the car park and access path, down into his property, and as a result is causing damage to the drystone wall in the area circled. He has said he would like to install guttering along the ground along the along the wall from the access path into the car park to drain water away from the wall. The occupant of the large property (5) does not have access to the car park.
    My questions are:
    1. For which portion of this guttering would I be responsible for paying;
    2. Would occupants of all 6 properties be responsible for paying for a portion of the guttering;
    3. Would the occupant of property 5 be responsible for any proportion of the costs of the guttering?
    I realise this is a complicated scenario. I hope my explanation is clear. Any advice would be appreciated. Thanks!
    Last edited by beukseum_75; 22nd January 2022, 18:46:PM.
    Tags: None

  • #2
    Hello Beukseum_75.

    in order to better understand the situation can you confirm the following please:

    1) Do you own your car parking space or does that piece of land belong to someone else, and you have a right to park there (easement)?

    2) Is the drystone wall on the lower land and is that wall wholly owned by the blue land? ( sometimes walls are shared by adjacent owners, there may be reference to ownership in the title deeds and "T" or "H" marks on the accompanying title plans)

    3) Does the Land Registry plan or wording in the title deeds hint that the boundary is along the line of the wall?

    4) If you own your parking space then does that land (parking space) abut (=touch) the blue land without any other land intervening (e.g. the path,which might be in separate ownership?)

    5) Who owns the path......or is access by easement over the various plots?

    6) Is there any evidence that anyone has altered the flow of the water so as to potentially cause a problem with the wall? Is there land slip or erosion? (Drystone walls have many holes for water to pass through and it would take enormous quantities of water to cause damage by water pressure alone).

    ​​​​​7) The owners of the higher land will have a right to have the water flow down hill over the blue land. If the passage of the water flow is changed by guttering where will it go?
    ​​​
    For registered properties the title plans and title deeds can be downloaded from the Land Registry website for £3 each document, so £6 per property. Use the .gov website as there are many "secondary" websites out there.

    Regards

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