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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13232
Experience:  Barrister 17 years experience
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Alleyway opposite my house is unregistered land and my

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Hello and Alleyway opposite my house is unregistered land and my neighbour keeps blocking it off and using it for his private use. Since the land is unregistered is he allowed to do this? The alleyway provides access from the council car park between houses to the High Street
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the house located?
Customer: The house faces the alleyway
JA: Anything else you want the Lawyer to know before I connect you?
Customer: One of the Ward Councillors wants to arrange a meeting with resident and one of the Council lawyers to discuss what the council can do about it

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. The neighbour has no lawful authority to block off access to this piece of unregistered land. This is because the unregistered land has its own lawful owner which can be ascertained by getting a local solicitor to search in the local Registry of Deeds. This will have a complete record of all deeds pertaining to the property so the registered owner can be ascertained. However, as there is a lawful right of way over the piece of unregistered land due to long user, anyone who uses the lawful right of way from the Council car park, can take out an injunction to prevent this neighbour from interfering with their lawful passage over the land to the car park. Additionally, the Council can take out an injunction and claim damages against this neighbour for interfering with the lawful ingress and egress from their car park. So, if you attend the meeting with the Ward Councillors and one of the Council lawyers and the resident, you should make clear there is an ability to prevent this neighbour from interfering with the passage to the car park over this unregistered land.

Customer: replied 1 year ago.
Ok, that is very helpful. Is it right for the Ward Councillor to attend a meeting with the Resident and a council lawyer wouldn't there be a conflict of some sort?

2. Ultimately, this neighbour may be seeking to claim squatter's title to the unregistered land because this is still possible, as such a claim can still be made against the 12% of the land in England and Wales which is unregistered land. However, in order to make a valid claim to ownership, the neighbour must fence off the land to all other users and bar the title of the true owner. So, this is probably why the neighbour is blocking off access over the passage way - to claim ownership himself.

3. You should not worry about conflicts of interest which may occur on the Council's side. Essentially, the Ward Councillor is an elected public representative elected to serve their constituents who use this passageway. So, there is nothing wrong with the Ward Councillor in helping the resident, as this is not part of the actual non elected officials of the Council, who handle the administration of the Council. So, there is no conflict.

4. Thank you for using the website. If you require clarification, I will be happy to help. Please use the buttons at the top of the screen to Rate or Accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

Customer: replied 1 year ago.
Thank you

5. You are welcome. Best wishes.

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