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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 15909
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am selling a house which has an adopted alleyway running

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I am selling a house which has an adopted alleyway running behind it. I have been asked to provide a statutory declaration to say I have always had access to the alleyway in the period I’ve owned the house, however, I do not believe this is necessary as the alleyway is adopted by the council and has provided rear access to the houses on the street and the street behind for over 100 years. A statutory declaration seems an unnecessary delay.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: my solicitor has drawn up a statutory declaration without me requesting it, however, the wording is not accurate so I cannot sign it.
JA: Where is the house located?
Customer: County Durham
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The alleyway is marked on the councils map of adopted roads.

Hi,

Thank you for your query.  I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

What would you like to know about this?

Customer: replied 16 days ago.
Is a statutory declaration on a right of way to a rear alleyway that is adopted by the local council necessary during conveyancing. As an adopted footpath surely the public have a right of way as they would with any footpath adopted by a council.

Hi,

I note your comments. If the road is adopted, I cannot see the requirement of the statutory declaration.

Further, neighbouring properties would have attained a right via the doctrine of Prescription.

If the declaration is incorrect, you should not sign it and request it is amended before having it executed.

I hope this answers your question.  If you have any further questions, please do not hesitate to ask.

Many thanks

INC Law and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Thanks that’s really helpful.

It's a pleasure.

Good luck!