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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MarianC Your Own Question
MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 551
Experience:  Expert
109551472
Type Your Law Question Here...
MarianC is online now

At the side of my house is an alley, which is shown as on my

This answer was rated:

at the side of my house is an alley, which is shown as on my deeds as my land. This alley gives me access to my back garden BUT also access to flats at the rear. Should the owner of the flat have a right of way to allow his tenants to use my land?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No prep other than looking at deeds
JA: Where is the house located?
Customer: 14 upper lichfield street WV13 1PB
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 3 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 3 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 days ago.
File attached (442P5GM)
Customer: replied 3 days ago.
copy of the deeds attached
I own 14 and 15, the flats are owned by someone else. His tenants need to use our side alley to access the flats
Customer: replied 3 days ago.
side alley is on the deeds for 14

Hi there

Do you have the title documents? You have uploaded the plans only.

Customer: replied 3 days ago.
i can get the title documents

If you can do please so I can check whether there is an existing right of way in place.

Kind regards

Customer: replied 3 days ago.
File attached (S15V764)
Customer: replied 3 days ago.
Ive attached what I have

Thank you, ***** ***** also have a copy of the deeds for the flats behind you?

I am unavailable to take a call at the moment but can do this evening if that works for you?

Customer: replied 3 days ago.
NO I dont have the deeds for the flats
Customer: replied 3 days ago.
This evening would be fine if that is easier for you
I am available

From what i can see on your title deeds, there is no right of way registered for the flats as your deeds would refer to rights reserved for other properties, which it does not.

I will call this evening to discuss.

Customer: replied 3 days ago.
title for flats behind attached to help ascertain the situation
Customer: replied 3 days ago.
THank you speak later

That helps, thanks.

The title refers to a transfer that provides a right of way:

"The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 9 May 2005 referred to in the Charges Register"

Without sight of that transfer, it will be difficult to ascertain where their right of way is.

Customer: replied 3 days ago.
Sounds like it will be our alley way

Possibly.

Are you able to obtain a copy of the transfer?

Customer: replied 3 days ago.
HOw would I go about getting that? Would it part of the original legal pack I would have received? In which case I can get hold of that but not by tonight as its in storeage

You can obtain a copy from Land Registry as the documents are filed with them.

It may not be part of your initial legal pack as the transfer is not registered against your title, only the flats.

Customer: replied 3 days ago.
Sorry being thick what would I search for specifically on land reg website - looking now and not obvious
No problem.
You want to look for documents registered against the title.
Customer: replied 3 days ago.
Im on land registry and can only see 3 options - title register, title plan and flood risk indicator
As a member of the public you may have to write to Land registry to request the other documents.
I will try and take a look
Customer: replied 3 days ago.
Thank you

Yes, unfortunately you will need to fill in the form and request a copy of the document from Land Registry and pay the £7 fee:

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

without sight of the transfer, I cannot confirm whether the right of way referred to is over your alley way unfortunately.

Customer: replied 3 days ago.
THank you

No problem. If you do obtain a copy and would like me to take a look, please let me know although it may well be self explanatory in the document.

Hi
Did you still want to talk on the phone or would you rather wait until you have obtained the deed?Kind regards
Customer: replied 2 days ago.
Lets wait till I get the deeds, I think we can have a meaningful conversation
THanks for you help so far
No worries at all
MarianC and other Law Specialists are ready to help you