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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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There is an alley that serves the front of my property and

Resolved Question:

There is an alley that serves the front of my property and the rear of others. The owner cannot be located as this alley is not registered with the land reg and no one can contact them. I have attempted to take on the land by trying to register adverse possession with the land registry however they stated as i have rights over the land (to cross freely with others to enter our propeties) its unlikely to be granted anyway. Is there any other way i can take ownership of the land? Land reg extracts and plans available.
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Attached is the plan and title document also
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that the only circumstances in which you would obtain ownership of the land would either be by adverse possession or by otherwise agreeing to have the land transferred to you by the actual owner of it.
If it is the case that you would not be able to claim possession then unless you are able to trace the owner somehow then the land will remain unregistered.
However, if you do have rights over the land then the value of the property would not be affected and the reality is that even if the land were in your ownership you would not be able to do anything substantial with it because presumably other properties will have rights over it as well.
I am sorry I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.
Thank you. I thought that might be the outcome. If the landlord cannot be found. Do you know anyway of me enforcing the terms of the right of way? I.e. we must pay for the upkeep.
Expert:  Thomas replied 1 year ago.
Hi, You would have to speak with other properties who also have the benefit of the right of way. If upkeep is carried out then they would normally be expected to contribute to it, though you would have to attempt to claim such monies at court if they did not pay.Tom
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