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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have an alley down one side and along the back of our property.

Resolved Question:

We have an alley down one side and along the back of our property. This is for access to the back of the properties. One neighbour has put boards along our fence to stop drainage of water from out garden along the bottom of our fence. He claims he is within his rights as he is the only one using that part of the alley. How do I find out who owns the alley and what rights does he have to fix anything to out fence. He seems to think our fence is a continuation of his boundary. We put up the fence 20 years ago. It is not just panels it was built professionally and we don't want it damaged.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you checked your deeds to see who owns it please?

Customer:

They are both old council houses and as such the deeds just show a right of access. I have a copy of our house plan and our neighbours and it is not shown that either of us own it.

Alex Watts :

Have you checked to see if the Council still own it?

Customer:

The tell me that don't own any pathways except along the road.

Alex Watts :

Have you asked if the Council still own it?

Customer:

The person I spoke to this morning says they don't but he was only from customer services.

Alex Watts :

OK - you need to write formally to the Council

Alex Watts :

If you dont own the alley and your neighbour does not, someone must!

Alex Watts :

But ask the Council

Alex Watts :

If they do not own it you need to write to the Land Registry

Alex Watts :

You need to complete this form:

Alex Watts :

http://www.landregistry.gov.uk/_media/downloads/forms/SIM.pdf

Alex Watts :

The Land Registry will search and tell you who owns it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Irrespective of that if we have erected the fence around our lands is he able to attach anything to it.

Alex Watts :

No

Alex Watts :

Its your fence he cant attach or damage it at all, this would be criminal damage

Alex Watts :

Does that help?

Customer:

So we are within our rights to remove the planks. Also will I get a copy of this to my email so I can show my husband or do I print this page.

Alex Watts :

Yes.

Alex Watts :

Once you rate the format changes so you can copy and paste or come back to the answer at any time

Alex Watts :

Does that clarify everything for you?

Customer:

I think so I will contact the council and the Land Registry to get everything clarified am I allowed to come back when I receive everything or will it be a new question.

Alex Watts :

If its within 7 days on the same subject you can come back to this or over that period or a new subject it needs to be a new question - site rules I am afraid!

Customer:

Thats fine - Thankyou for your help it has put my mind at rest.

Alex Watts :

Great. If I could invite you to rate my answer before you leave today

Alex Watts :

If the system wont let you or you need more help please click reply

Customer:

Okay - Goodbye

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