Neighbour has built on shared alleyway

[aaron1234]

Hi all, Good morning.

My neighbour has built an extension over his boundary line and onto the alleyway.

However, I raised this to our local council (Birmingham), who did not entertain my complaint and said it was a boundary dispute. If he has breached his planning, indeed, it becomes a council problem.

Any idea on what I can do? is it a Council problem?

 

[Murdochcat]

Photos ? Facts

 

[^woody^]

Planning permission and specific notification is required to build on, over or under land not owned by the applicant, so it is a planning issue as well as a land ownership issue.

 

[aaron1234]

Planning permission and specific notification is required to build on, over or under land not owned by the applicant, so it is a planning issue as well as a land ownership issue.

thank you - is this the council department?

 

[aaron1234]

Photos ? Facts

Yes - will send something

 

[mrrusty]

So he's built over an imaginary line that you think is in one place, and your neighbour thinks is in another. Boundaries are seldom defined to the mm, and often in any dispute the decision is based on what physical features exist, even though these may have moved over time. Neither the OS maps or the land registry title maps are definitive - they only show the "general boundary". Possibly maps in old deeds with dimensions may be helpful.

The first question to ask is "does it harm me" (or do I just not like the idea my neighbour has possibly pinched a bit). Unless you can answer a positive "yes", then the pragmatic solution is to do nothing, because to do something opens you up to a world of pain and potential legal costs that you may or may not win.

This is useful https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2247

 

[^woody^]

thank you - is this the council department?

Yes. There are notices to serve and certificates to be filled in depending on ownership of the land being built on, and this is part of the planning application, else it's either an invalid application or a breach of planning regulations.

If the work was supposed to be permitted development, then it can't be built over the boundary.

 

[mrrusty]

then it can't be built over the boundary.

Unless the boundary is legally defined, the council will do as they have done, and say it's a boundary dispute - "not our problem".

 

[clifford1]

"My neighbour has built an extension over his boundary line and onto the alleyway."

Is this the boundary between your properties, or the boundary between land he owns and land he owns but subject to your (and other?) right of way?

 

[aaron1234]

Unless the boundary is legally defined, the council will do as they have done, and say it's a boundary dispute - "not our problem".

That is exactly what they have said

 

[aaron1234]

"My neighbour has built an extension over his boundary line and onto the alleyway."

Is this the boundary between your properties, or the boundary between land he owns and land he owns but subject to your (and other?) right of way?

Its land that no one owns, but we all use, or did use until he blocked it and claimed adverse possession. But my point is, surely its a breach if your build over your boundary?

 

[mrrusty]

Its land that no one owns, but we all use, or did use until he blocked it and claimed adverse possession

You're drip-feeding information. This suggests this isn't a boundary dispute, but a right of way dispute. Many houses have a right of way to a path across the back of a row originally used for coal deliveries etc. These rights of way may or may not be documented on titles and deeds, but if they are then you have a lot of leverage as you can demonstrate a legal interest in the right of access. If they are not, it doesn't mean the right of way doesn't exist, but it will be a slightly harder process, because you will have to show you have a prescriptive right of way.

This is nothing to do with a boundary dispute - it is a potential trespass on your right of access. If you can show that your legal interest in the right of access has been substantially interfered with then you can take legal action to re-establish your rights.

I suggest you go on the gardenlaw "rights of way" forum and read posts in particular written by "Pilman" who is a specialist in this field. Once you have your head around the situation, I suggest you post on there with any plans, wording from both your and neighbours title documents (which you can get from the land registry for £3).

You cannot interfere with an established right of access by claiming adverse possession - a right of way persists for ever unless legally rescinded (even if it is never used)

paraphrasing one of Pilman's posts...

It is important to understand that there are two legal property rights in England and Wales,
These were established by section 1 Law of Property Act 1925.
1) Legal estates and equitable interests.
(1) The only estates in land which are capable of subsisting or of being conveyed or created at law are—
(a) An estate in fee simple absolute in possession;
(b) A term of years absolute.

2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—
(a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years
absolute;

Your Legal Estate in land, would be the area of physical land edged in red on your title plan provided by Land Registry.
That can be either (a) A Freehold Title or (b) A Leasehold Title.

Your Legal Interest over land, would be the easement that is identified as a right of way in the title wording and on the plan attached to the deed

referred to in your Register of Title. (it might also be in your neighbours title - sometimes it gets missed of one title but persists on the other)

The amount of case law regarding substantial obstruction of a right of way is extensive, but if proven, that would be a trespass against your Legal Interest over the Land, which identified in your Register of Title.

The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—

(a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years

absolute;

This bit of legalese means that the right of way is a "thing" that you "own", just as it would be the freehold of some land (estate in fee simple in possession) or a "thing" that you lease (term of years absolute). You can "own" (have a legal interest in) a right of way, even if you don't "own" the land across which the right of way passes. The right of way is yours, and interference with it is a trespass.

 

[aaron1234]

You're drip-feeding information. This suggests this isn't a boundary dispute, but a right of way dispute. Many houses have a right of way to a path across the back of a row originally used for coal deliveries etc. These rights of way may or may not be documented on titles and deeds, but if they are then you have a lot of leverage as you can demonstrate a legal interest in the right of access. If they are not, it doesn't mean the right of way doesn't exist, but it will be a slightly harder process, because you will have to show you have a prescriptive right of way.

This is nothing to do with a boundary dispute - it is a potential trespass on your right of access. If you can show that your legal interest in the right of access has been substantially interfered with then you can take legal action to re-establish your rights.

I suggest you go on the gardenlaw "rights of way" forum and read posts in particular written by "Pilman" who is a specialist in this field. Once you have your head around the situation, I suggest you post on there with any plans, wording from both your and neighbours title documents (which you can get from the land registry for £3).

You cannot interfere with an established right of access by claiming adverse possession - a right of way persists for ever unless legally rescinded (even if it is never used)

paraphrasing one of Pilman's posts...

It is important to understand that there are two legal property rights in England and Wales,
These were established by section 1 Law of Property Act 1925.
1) Legal estates and equitable interests.
(1) The only estates in land which are capable of subsisting or of being conveyed or created at law are—
(a) An estate in fee simple absolute in possession;
(b) A term of years absolute.

2) The only interests or charges in or over land which are capable of subsisting or of being conveyed or created at law are—
(a) An easement, right, or privilege in or over land for an interest equivalent to an estate in fee simple absolute in possession or a term of years
absolute;

Your Legal Estate in land, would be the area of physical land edged in red on your title plan provided by Land Registry.
That can be either (a) A Freehold Title or (b) A Leasehold Title.

Your Legal Interest over land, would be the easement that is identified as a right of way in the title wording and on the plan attached to the deed

referred to in your Register of Title. (it might also be in your neighbours title - sometimes it gets missed of one title but persists on the other)

The amount of case law regarding substantial obstruction of a right of way is extensive, but if proven, that would be a trespass against your Legal Interest over the Land, which identified in your Register of Title.



This bit of legalese means that the right of way is a "thing" that you "own", just as it would be the freehold of some land (estate in fee simple in possession) or a "thing" that you lease (term of years absolute). You can "own" (have a legal interest in) a right of way, even if you don't "own" the land across which the right of way passes. The right of way is yours, and interference with it is a trespass.

Thank you so much. I am currently reading through the posts on garden law; they are very interesting. My deeds do not mention anything about the right of way, unfortunately, and neither do any of the neighbour's deeds.

 

[mattylad]

Post a blooming photo and answer the questions asked.
Or stop keeping folks guessing.

 

[aaron1234]

Post a blooming photo and answer the questions asked.
Or stop keeping folks guessing.

I am trying to get photos lol. The neighbour has blocked access to myself and all the other neighbours.