alleyway access

clb74

no not that sort
live in a terraced house the alleyway at the back serves 3 houses me being in the middle
the people next door ti me want to extend thier garden so they have no garden leaving me with no alleyway

i know they cant do this and have said that if they wanted to do this i would be wanting access through thier garden when needed
if i were to sell in a few years can the new buyers claim back alleyway
and does the alleyway always remain public even after so many years
thanks

Rizzo

We had a vaguely similar issue when we bought a couple of years ago. the alleyway that runs alongside/behind our house was basically communal land and didn't really belong to anyone. Our solicitor suggested we make our seller purchase an indemnity against any claims for loss of access etc if the alley was ever blocked, built on etc. they got a quote of ~£200. I would suggest at the very least that you enforce this with your neighbour but my preference would be telling them to sod off and that you have a right of access to the alleyway which they cannot obstruct. You will probably need to talk to a solicitor though.

Mortimerician

Would you not still have access via the other side?

Anyway go tit for tat and extend your living room across the front of their porch.

DaveMehmet

My dad had something similar a few years ago. Think that the land is common land but you have a right of access.

Oggy Red

Be a back door man. Make sure you regularly use your alley access.

It will reinforce your rights of uninterrupted access.
Otherwise your neighbours may claim the alley is never used.

Phantom_User

The deeds to your neighbour's house will also show the boundarys and if they go beyond them, I would think that would be theft.
They would also experience problems if they decide to sell their house.
Do you know if the land is owned by somebody? Land registry should be able to confirm
http://www.landregistry.gov.uk/public/faqs/can-land-registry-help-me-resolve-a-boundary-dispute-with-my-neighbour

DaveMehmet

Oggy Red said:

Be a back door man. Make sure you regularly use your alley access.

It will reinforce your rights of uninterrupted access.
Otherwise your neighbours may claim the alley is never used.

Utter tosh. Tried the same tactict with my ex, nothing.

nth_london_addick

The butchers entrance should be kept clean and available for access at all times

guinnessaddick

DaveMehmet said:

Oggy Red said:

Be a back door man. Make sure you regularly use your alley access.

It will reinforce your rights of uninterrupted access.
Otherwise your neighbours may claim the alley is never used.

Utter tosh. Tried the same tactict with my ex, nothing.

Sounds like a woman who would let bush in the front become overgrow.

razil

my back alleyway rights were in the deeds (wife never read em tho)

thats weird CL wouldn't let me login, then let me when i clicked a thread, strange..

BlackForestReds

i know they cant do this and have said that if they wanted to do this i would be wanting access through thier garden when needed

If it's in the deeds (as an easement of access) then they can't block off the access without your express/written approval. You are best off speaking to a solicitor about it if they insist they have a right to block off the alleyway regardless of your objections. Even if it isn't in the deeds you may still be able to claim access by long use - this is an implied easement, but you are on shakier ground here unless it is your only access route.

if i were to sell in a few years can the new buyers claim back alleyway

Yes, the legal situation is not necessarily straight forward though. If something is in a deed then all parties are contractually obliged to abide by it and must restore the situation back to how it should be - so if they build over that easement they could be in for an expensive mistake if a new owner claimed the right of access. If the alleyway was blocked off with your agreement then it would require a change to your deeds - which would cost you some money (unless you can find a solicitor who'll do it for free - i.e. no chance) and you can maybe ask for some compensation for losing access. If you agree to their closing off the access (or building over it etc) and if you don't change the deeds then when/if you come to sell your house either your solicitor (or the buyer's solicitor) will ask why the access has been closed off and why the deeds have not been amended accordingly. The likely result will be that the sale of your property will fall through while you (expensively) sort the problem out. By which point the buyer may walk away...

and does the alleyway always remain public even after so many years

Yes, even if you don't use it. If it's in a contract then it can be enforced. Just because you might not use this access does not mean that the next owner will also not use it.

BlackForestReds

Phantom User said:

The deeds to your neighbour's house will also show the boundarys and if they go beyond them, I would think that would be theft.

Adverse possession - aka squatter's rights. If after ten years of occupation they can make a claim to the Land Registry to take legal possession of that land (assuming they also fulfill a couple of other obligations such as demonstrating exclusive possession of it etc). However the Land Registry would write to you and tell you that a claim is being made on that land. You then have 65 days to file a counter-claim, otherwise it can be lost for good.

johnny73

Not a legal point but a practical one. Our alleyway is used by fire services in the event of emergencies. Would this be an issue in your situation - blocking off alley causes a potential health and safety risk?

clb74

thanks for the answers
will go in and have a chat later
the wife rung solicitor who dealt with our house buy in october
got the deeds out and said public alleyway if they were to extend thier garden we would be entitled to go through thier garden to get to side alley without thier permission
also not to sign or get them to sign anything as this would give up our rights to the alleyway
although thinking about this how are we giving up our right if they dont own the alleyway
cheers all

BlackForestReds

although thinking about this how are we giving up our right if they dont own the alleyway

Just a heads up...

It's not necessarily a public right of way - an easement of access might be fixed to your land only giving you (and any other neighbours etc) the right to use the alleyway. It doesn't automatically mean that the alleyway is open to the entire world to use as a public footpath/bridleway is. Also, even if you did give oral approval it wouldn't matter unless you amend the deeds - contracts involving land are only enforceable with written deeds (and if you want the legal authority for that see section 53 Law of Property Act 1925).

Covered End

I don't know if this is a decent suggestion or not, but what about e mailing the council planners ?

http://www.bromley.gov.uk/info/200074/planning/128/planning_advice_and_enquiries