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land cutway

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  • land cutway

    hi need some expert advice asap !! we have lived in our house 32 years and a cutway runs along side our house and down the back of terraced houses . we have cut the grass and maintained the land and parked on it for 32 years. in one of the terraced houses an old man died house sold well new owner was given the land free of charge and said if we want it pay £20,000 we said no as you can only park so he had sold the house with the cutway and now we have received a letter saying mive cars which is two cars and our rd you can not park please please tell us any info have we got legal rights to still park there as we maintained the cutway
    Tags: None

  • #2
    'Cutway' is not a term I have come across, which leads to the real question. You will have a clear idea of what you are talking about but not anyone else? You need to explain the layout rather more.
    This appears to be land on which you have parked, but was access to it across your land or off a highway, or along the cutway behind other houses?

    .

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    • #3
      hi as mentioned in my post next door to our house is a strip of land it could be called an alley way . all people down our rd have walked across it and parked there now someone has brought the house with the land ( not our house ) they are saying we are trespassing!!! but we have parked there 32 yrs and maintained it to no one seems to be able to give us an answers from legal people!!

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      • #4
        it is off the highway and it runs along my house and down back of other houses all i want to know is do we have rights to still park there ? because before hand it was common land now it has a boundary line done by land regisrty .

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        • #5
          It wasn't common land. That term has technical meanings, which do not apply.
          Your use is not capable of acquiring ownership of the land. The best you can get to is a parking easement. Parking easements are problematic at best.

          When you describe the land, you do so with a clear picture in your mind. Be aware that others find it much more difficult to see it.

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          • #6
            so now the new owners have brought it we literally dont have a say then ? its not worth spending out all that money to be told no you cant have it also how do i go about the easement and what does that involve?

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            • #7
              are we allowed acess to do repairs on our house and what do we do about the gates we put up do we sell them to new owners or take them down

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              • #8
                i can find no reference to gates before that last post. Please remember that we are not mind readers.
                Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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                • #9
                  !!!!!!!!!!!!!!!!

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                  • #10
                    can on here to get legal advice but it seems to me im using the wrong words i think i will go elsewhere!! it is acess land between houses !!!!!

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                    • #11
                      The quality of the information you give inevitably has an effect on the quality of the answers you receive.

                      Where are these gates then? When did you put them up? Why did you put them up?
                      Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        From the somehat sparse and confusing information you have given it seems you may have been parking on private property, albeit you thought it was in someway public land.

                        If you have been doing it for 30 odd years without permission and without the owner objecting you may have a prescriptive easement to park.

                        However proving this will be neither cheap nor easy nor without stress.

                        Does your Land Registry proprietorship file mention access to this strip of land.?
                        file can be accessed here: https://www.gov.uk/search-property-i...-land-registry

                        If you need to access this land to carry out maintenance on your property you may do this as per rights under The Access to Neighbouring Land Act 1992

                        .. and please don't take umbrage when posters try to ascertain clarification of your posts
                        Without a clear understanding of your situation it is difficult to point you in the most appropriate direction.

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                        • #13
                          hi need advice urgently. my son lives with his girlfriend and his kids in her house that she brought outwright. but his girlfriend was married before and her husband lived there before my son came on the scene but now ex husband wants a divorce and he wants the house but my sons girlfriend paid the house in full from compensation she had aslo my sons girlfriend had years of domestic abuse from her ex husband just want to know who is in the right with the house girlfriend or ex husband and can he get them out please reply

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                          • #14
                            I suggest that you ask that question again in a new thread. More people will see it, and you are more likely to get the appropriate advice for your son.
                            Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment

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