Neighbour has built on shared alleyway

[Koolpc]

Get some dynamite instead...

 

[aaron1234]

Get some dynamite instead...

I wish, guy is a complete bell*** -_-

 

[mrrusty]

My deeds do not mention anything about the right of way, unfortunately, and neither do any of the neighbour's deeds.

This is a great shame, because now the problem is much bigger. First you would have to prove that you have a right of way gained through a prescriptive easement, and then once you have that go legal on the trespass - it could be a very long expensive process. This might be helpful https://www.footanstey.com/our-insights/articles-news/dont-get-in-my-way-a-guide-to-rights-of-way-obtained-through-long-use/#:~:text=What can I do if,is not protected by registration.

Unless, by digging through older documents (old conveyances for example) than the current registered title and find something that proves a right of way exists, I suspect that this matter has reached the end of what can be achieved on a forum, and you should (or a group of you should) take some legal advice from a solicitor specialising in land matters.

As an example, my semi neighbour has a right of way over the shared track we own. Their title document does not mention this right of way, and they had to get an indemnity when they bought it. However, we have the original 1904 conveyance (because our ancestor owned the whole field) when the plot was split off from the whole, which explicitly describes the right of way they have. The next neighbour does have this in their title document - so it can be missed off. (but if it's a whole row or street, it is probably unlikely that it's been inadvertently missed off them all)

"Its land that no one owns" - this is not true - all land will be owned by someone, but the "who" might have been forgotten over time - what you mean is that it is unregistered. However, if the neighbour has built in to this, only the landowner can claim a boundary issue. You have no boundary rights yourself.

I think your choices are, 1) somehow prove trespass over a right of way or 2) give up and move on. It depends how much it is worth to you to start the fight.

 

[aaron1234]

This is a great shame, because now the problem is much bigger. First you would have to prove that you have a right of way gained through a prescriptive easement, and then once you have that go legal on the trespass - it could be a very long expensive process. This might be helpful https://www.footanstey.com/our-insights/articles-news/dont-get-in-my-way-a-guide-to-rights-of-way-obtained-through-long-use/#:~:text=What can I do if,is not protected by registration.

Unless, by digging through older documents (old conveyances for example) than the current registered title and find something that proves a right of way exists, I suspect that this matter has reached the end of what can be achieved on a forum, and you should (or a group of you should) take some legal advice from a solicitor specialising in land matters.

As an example, my semi neighbour has a right of way over the shared track we own. Their title document does not mention this right of way, and they had to get an indemnity when they bought it. However, we have the original 1904 conveyance (because our ancestor owned the whole field) when the plot was split off from the whole, which explicitly describes the right of way they have. The next neighbour does have this in their title document - so it can be missed off. (but if it's a whole row or street, it is probably unlikely that it's been inadvertently missed off them all)

"Its land that no one owns" - this is not true - all land will be owned by someone, but the "who" might have been forgotten over time - what you mean is that it is unregistered. However, if the neighbour has built in to this, only the landowner can claim a boundary issue. You have no boundary rights yourself.

I think your choices are, 1) somehow prove trespass over a right of way or 2) give up and move on. It depends how much it is worth to you to start the fight.

EXACTLY! Funny you mentioned digging through documents. I managed to find some property deeds from the 1950s that clearly show I have the right of way. I currently have all my deeds being reviewed by a solicitor, fingers crossed!

If my deeds don't say I have the right of way, the solicitor said we would have to go down the 20-year route and prove I have used the alleyway etc.; this should be easy, as I had won the case during the first tier tribunal.

Defo worth a fight; I have done a lot for this neighbour; goes to show you cannot trust anyone these days.

 

[mrrusty]

Good luck - don't forget to report back in due course!

Don't forget to check your house insurance to see if you have legal expenses cover - they may pick up some of the tab if they think you have a case.

 

[Koolpc]

Hope you get it sorted...

 

[aaron1234]

Good luck - don't forget to report back in due course!

Don't forget to check your house insurance to see if you have legal expenses cover - they may pick up some of the tab if they think you have a case.

of course - will do, it might take a few years to sort out though aha. will keep you updated!

 

[Murdochcat]

Why can’t you take photos ? That sounds odd to say the least

 

[clifford1]

You must be able to see something from your own property. You say you used to have access to the alley. If that is now blocked by a new building, take a photograph of your gate or whatever with the building blocking it.
What can you see from your windows?
What can you see from over your fence?

Cant't you even draw a sketch of the layout of the row of properties, the alleyway, and the new building sitting across the alley?

 

[dave163]

I share your pain, I used to live in a terraced house where something similar happened. A few doors down the road between houses was a path offering access to the back garden of each of the houses, which I used every day to take my bike down to the shed in my back garden. The land forming the path didn't have any owner, and the house deeds said it needed to be there to provide access to the back. The path was about six feet wide, lined by respective neighbours' fences.

Then the neighbour one side of the path decided to build an extension to the back of his house and encroached three feet into the path, thus partially but not totally obstructing it for much of the length. It all happened over a few days when I wasn't at home otherwise I'd have protested as it was going up.

Despite protests to the Council that this was not in the planning permission or architect's plans that had been approved, he got away with it as he hadn't completely blocked the path, merely halved its width and the Council wasn't interested in what they said was a private dispute over unclaimed land.

Not having the money to take him to court, nor the will to do so I let it pass; I was in the process of moving house anyway and didn't want to have to declare a legal dispute with a neighbour. I hope you have more success than me, especially if you can show that your neighbour has completely blocked a right of way and/or breached planning permission..