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At the back of my house to the right there is a 2m wooden fence. If I look over the fence I see a small grass alley about 1m wide that leads to the road. This alley is used by two terrace houses to give them access to their back garden. I wondered if I might be able to put a door in my fence which would allow me to use this alleyway for back access to my property. I contacted the land registery to see who owned the strip of land.
The following is an excerpt from the document
C: Charges Register continued:
"Subject as to the said piece of land coloured Brown on the said plan
to the right of the owner for the time being of Number 5 (formerly
Number 3) Salisbury Road aforesaid and all other persons entitled to
the like right to pass and repass on foot over and along the same."
NOTE: The land coloured brown referred to is the passageway leading
from the back into Salisbury Road, included in the land in this title.
I would like to know if this right to pass includes me.
I tried to send you image but doesn't seem to work
I just need the info at this stage please.
You can send photos to me c/o [email protected]
They can take 24hrs to arrive
Thanks I have emailed you
Thanks. I will get back to you when I have them.
They are fwd manually so can take some time.
Did you receive the documents I forwarded you?
I am afraid not. It happens from time to time. Please send them to touchwoodsden at yahoo dot co dot uk and I will deal.
It does happen from time to time that they get lost in the system
I have them nowthank you.
So the guy inblue owns the alleyway and obviously he can use it. The one in red also has theright to use it.
Is anythingmentioned in your deeds about you using it?
Will the guy inblue allow you to use it?
Do you own thefence between you and the alleyway?
Yes the guy in blue owns it and the guy in red can use it. I had a look at the narrowest part that runs at the back of the two properties parallel to mine and it seems from the junk in it that it has not been used for this purpose in quite a while.
There is nothing in my deed about it. Under the Charges Register it starts in the same way with mention of "a conveyance dated 6 July 1898 between (1) High Brooms Brick and Tile Company Ltd and (2) Frederick Muffett contains restrictive covenants but neither the original deed nor a certified copy or examined abstract thereof was produced on first registration".
I have not asked the guy in blue to use it yet as this would feel to me like a temporary permission that would not remain with the property. I have a suspicion that this property is owned by a landlord so the current occupant wouldn't be in a position to grant this. Ideally I would like to make a door in my fence to the alleyway and classify it as a side entrance should we ever decide to sell it. This is why I would like some legal right of access.
In 1978 the back of the house was extended effectively cutting off front right hand side access to the back. I have a copy of the notification of planning permission and the 3 condition applying to the permission is that "Access to the rear of the dwelling shall be maintained otherwise than through habitable accommodation". This means that there must have been an alternative access to the property proposed at that time. This could be through the side although the back is a possibility at it backs on to a council park. Access to the part is not possible now as they have erected a steel security fence. I am not sure if it is possible to get a copy of the original plans to see what was proposed as an access or whether this would change our discussion.
You can get the deedsof the blue property here https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
for just 3pounds. The plan will cost 3 pounds.
Please be awarethat many landlords so you may have to ask the address of the landlord.
The owner of thealleyway cannot stop you putting a gate in the fence but he can stop you usingit.
My suggestionwould be to offer him a couple of hundred quid for the right to use it(probably start at £0 and gauge his reaction) and tell him that you willmaintain it. You also need to offer to pay the legal cost for amending yourdeeds and his deeds.
You are going tobe looking at about £500 or £600 for that plus vat.
Does that answerthe question?
Can I assist anyfurther with this? Please bear with me today and most days and weekends becauseI will be online and off-line.
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