Garden access.

[millerman]

I own an end of terrace house, there are just 3 houses in the block, i'm on the left, my mate is on the right and a middle aged Lady has the middle house. The Lady in the middle has access to her rear garden via a small alleyway accross the rear of my garden, i never took much notice of this when we moved in 10mths ago, but, looking at the Land Registry plans the alleyway is not mentioned or even drawn in! Looking at other blocks of 3 along the road, no other middle house has any rear access. So according to the plans can i claim back what i deem to be mine, ie; about a metre of rear garden?

 

[big-all]

what does it say in words about access

ok just re read
it will be written somewhere is your copy off the entry every page ask the lady if she has her copy off the deeds

 

[^woody^]

This arrangement is pretty common and the right may have been gained by prescription ie by many years of past use.

So these arrangements are not always on the deeds

 

[millerman]

Thanks guys, think my best option is to have a friendly chat with the Lady in question, afterall, the alley is never used from what i can see.

 

[big-all]

only has to be used once a year to remain as a right off way

 

[Deluks]

Take this as common sense rather than legal advice.

Say if tomorrow she got mauled to death by an escaped tiger, then a young couple moved in with ideas to whack an extension on/loft conversion/major tree work/dig a pond etc. How would they get stuff in and out?

You could probably get away with removing the fence and turfing over the alleyway, provided you put a gate in either side to maintain access. (If you put a lock on the gates, give her a set of keys) But don't put a massive shed on it else you could come unstuck.

 

[millerman]

Once again thanks for all the replies people.

 

[mattylad]

only has to be used once a year to remain as a right off way

Once it is a ROW it is always a ROW until it is extinguished, no need to use it once a year then.

When looking at the deeds did you (Millerman) also look at hers? it is quite common for them to be on a ROW owners but not yours.

What Deluks says is likely the most neighbourly thing to do.

 

[millerman]

It would seem she has been using the alley for 9yrs now!! Not much chance of me getting it back now, my Mrs has told me to forget it.

 

[big-all]

it doesn't have to be to be enclosed it can be part off the garden as long as its easy to use as it is now

i am mid terrace with my right off way 2ft6" from the wall past the kitchen window
to give them a bit more privacy i walk across there grass away from the window at right angles to a purpose built additional gate on the bottom half of the garden
the right off way is still in the origional place but is at present part off there seating area
this suits us both fine
why not work with her and offer to put her bins out for her if this will reduce her journeys