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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28946
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have an allyway directly behind our property that the

Customer Question

Hi , we have an allyway directly behind our property that the Council claim is unadopted. On the deeds it states it’s half the property owners and half the Council responsibility for clearing/ cleaning. The reason for asking is we have a lot of fly tipping in the allyway . Many thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. The only paperwork we have regarding this matter is on the deeds
JA: Where is the property located?
Customer: Eastbourne East Sussex
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 12 days ago.
Category: Property Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. how may I assist in relation to the above please?
  2. do you have a copy of your deed is available to upload?
Expert:  Joshua replied 11 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms if the alleyway is indeed an adopted, then it is hard to see what basis the local authority would be responsible for the same. Title deeds cannot enforce an obligation on the local authority to maintain an area simply by declaration. A local authority must accept liability for maintenance of an area by adopting it. If the alleyway is adopted, and this can be checked on the official highways map maintained by the local authority, then the local authority would be responsible for maintenance. If it is not adopted, then it would be the responsibility of the landowner. The landowner may be able to be identified to research of the land registry if the land is registered. From what you describe, it may be that each household owns half of the alleyway in which case, it would simply be a case of identifying who owns the other half.

https://www.gov.uk/government/publications/index-map-application-for-an-official-search-sim

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 11 days ago.
Hi thanks for reply. The allyway in question is between 2 row of houses. Each row has 6 houses, but only 3 as far as I know are privately owned, the rest are Council owned.
Expert:  Joshua replied 11 days ago.

Thank you. I hope the above gives you some guidance in relation to establishing potential responsibility for the issues you describe