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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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We live in a mid-terraced property without passage-ways.

Customer Question

We live in a mid-terraced property without passage-ways. There is a shared area of land behind the terrace with vehicular access where most neighbours park one or two vehicles. Beyond this we each have a garden that is slightly wider than our houses such that the garden boundaries do not align with the party walls; this absorbs the width of an access drive between two blocks of terraced houses; serving eight properties. Our neighbour is in the end of the terrace away from the drive. There is a wall across the shared area separating our shared area from the next two blocks. It is clearly newer than the houses but it appears to be on the line of a boundary marked on our Title plan. That neighbour claims that the shared area only extends to a line in line with our party wall and that they own what would otherwise be shared land. They built wall across part of the shared area to enclose some of the shared area and subsequently demolished the wall and planted a hedge. They left a brick pier in the middle of the shared area which is now at one end of the hedge. There are concrete posts and panels separating the rear gardens, beyond the shared area. Is it normal for the end property to own the end of the shared area? What is the difference between a dotted red line and a solid red line and why would a red line not follow the black lines on the Title Plan?
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Are you able to attach the title deeds and the plan?

Or an explanatory sketch?

Customer: replied 6 months ago.
Thanks F E Smith,Been away over the bank Holiday, hence slow to reply. Attached is the title plan, a sketch and a photo.
Expert:  F E Smith replied 6 months ago.

The dotted line is used for clarity because there is no physical boundary for example where it crosses the passageway. The end property which is to the right of the hedge has the access over all the other properties but no one it appears has access over the end property. This is not unusual. There is no need for all the other properties to have access over 311 because there is no through right of way.

BUT looking at the photograph, it would depend on 1 how long the wall which is to the extreme right of the photograph which appears to be a mix of breezeblock and brick, has been in situ and whether there is any documented right-of-way right around the back or whether it existed once upon a time.

Looking at the land registry plan there is a solid line that end, below 311 on the land registry plan although it does appear that there is a passage down the side of 311 which would allow for access but not vehicle access.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
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Customer: replied 6 months ago.
Clear, concise and extremely helpful. Many thanks. Richard

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