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 Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
13262538
Type Your Property Law Question Here...
Clare is online now

We own a property with a right of way in a back alleyway (

Resolved Question:

We own a property with a right of way in a back alleyway ( this is recorded in the deed). The alleyway is not use and is overgrown.
A neighbour who has his back garden looking into the alleyway has just extended his garden in the alleyway. I have checked the deed for his house and and he is not owning that piece of land and neither has right of way.
what will be the best way to approach the situation? I plan to speak to them today but they are already quite advance in their work.
thank you *****
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firsthave you searched the Land Registry to see who actually does own the property?
Customer: replied 1 year ago.
I did pull out the deed for both property to compare them. The boundaries of the house which has extended their garden are very clear and does not include the alleyway. It does not include neither a right of way.
For my deed the wording is ' the land in this title has the benefit of a right of way on foot over the passage leading from the back of into M... A...'
I looked at my solicitor paperwork from when we bought the house in 2009 and she mentioned that the alleyway is privately own but she could not find who owned it. Again the alleyway is not use but I am rather bothered that they have extended on a land which is not their.
hope this is the answer you needed
Expert:  Clare replied 1 year ago.
Have you checked with the Land Registry?Are you willing/able to start using the Alleyway?
Customer: replied 1 year ago.
- I was not able to find just the alleyway on the portal. It seems that the search can be done only by postcode. Is that something I can find if I request this via paper ?
- not really. The overgrown alleyway was making that area safe so nobody was able to come around the houses. My main issue is that they have extended on a land which is not theirs, have not spoken to any of the surrounding house.
Expert:  Clare replied 1 year ago.
You can do a paper search using a Map - that will help identify any possible owner.So far as what the neighbour is doing is concerned clearly he is simply trying to "adopt" the property so that in 10 years time he can try and gain legal possession of it and add it to his title deedsWhat you need to do is inform the neighbour that you have a Right of Way over the land and that you will exercise it at least once a week - and then do it.Of course if you identify the actual owners you can inform them of his actions and they can take whatever action they wish.If you need further details please ask
Clare and other Property Law Specialists are ready to help you