How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

My house has a fence at the back behind which there is a small

Customer Question

My house has a fence at the back behind which there is a small alleyway. I wondered if I might had access to this alley and considered putting a door in the fence. I contacted the land registery to find out who owned the property and I am now in possession of the deed. The alley is mentioned in the charges resister and I would like a interpretation of the text. Can you help with this?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

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:


Limited:-


"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.

Expert:  Stuart J replied 3 years ago.
Who owns the grassy land. Will they object? Are you in the same row of houses as number 5? Which is the other house that has access? Does anyone else use it?
Customer: replied 3 years ago.


I tried to send you image but doesn't seem to work

Customer: replied 3 years ago.


Thanks I have emailed you

Expert:  Stuart J replied 3 years ago.

Thanks. I will get back to you when I have them.

They are fwd manually so can take some time.

Customer: replied 3 years ago.

Hi



Did you receive the documents I forwarded you?


 


Thanks


 


Shane

Expert:  Stuart J replied 3 years ago.

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

Pl

Expert:  Stuart J replied 3 years ago.

Got em.





I have them now
thank you.

So the guy in
blue owns the alleyway and obviously he can use it. The one in red also has the
right to use it.



Is anything
mentioned in your deeds about you using it?



Will the guy in
blue allow you to use it?



Do you own the
fence between you and the alleyway?





Customer: replied 3 years ago.


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.


 


Thanks


 


Shane

Expert:  Stuart J replied 3 years ago.




Thank you.

You can get the deeds
of the blue property here https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/



for just 3
pounds. The plan will cost 3 pounds.



Please be aware
that many landlords so you may have to ask the address of the landlord.



The owner of the
alleyway cannot stop you putting a gate in the fence but he can stop you using
it.



My suggestion
would 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 will
maintain it. You also need to offer to pay the legal cost for amending your
deeds and his deeds.



You are going to
be looking at about £500 or £600 for that plus vat.



Does that answer
the question?



Can I assist any
further with this? Please bear with me today and most days and weekends because
I will be online and off-line.



Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.



Customer: replied 3 years ago.
I have the deeds of the blue property and sent them to you. There is a Section in it :

"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 wondered if I might qualify as one of the other persons entitled it the like right to pass. Might an adjoining property owner justify that right?
Expert:  Stuart J replied 3 years ago.
It only means that you can if it is in yr deeds. You wouldn't need to change his deeds but simply change yrs. You would need his signature on the deed granting you the right.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions