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Erecting a 2 metre high gate and parking cars on Alley way subject Rights of Way

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  • Erecting a 2 metre high gate and parking cars on Alley way subject Rights of Way

    Hi,I am not sure if I have placed this within the right section.Â* I assume its either this or the Business Section.

    A Pub No15-No19

    Then A side alley

    Then 33-35, 37, 39, 41, 41a.Â* These are all Fast Food Takeaways.

    The Side Alley is between The Pub 15-29 and between 33.Â*Â*

    There rear back Alley is behind 33-41a.Â* The only access we all have to the rear is via the side alley and its immediately off a high st.

    3-6mths ago No33 has put up a gate. 2metre high and it covers the whole back alley. They also park their cars in the back alley as on the high st its paid parking.Â*

    No notice or key has been given to 39,41, 41a.Â* We now dont have access to our back Alley..Â* So if we want to take any stock, and equipment, or any maintenance etc. The gate or cars are blocking us.Â* The owner of 33 is not playing ball at all.Â*Â*

    Our commercial bins are at the rear of the alley.Â* They are pulled out weekly and now its a nuisance as cars are parked in the Alley and the gate.Â*

    Im pretty sure the Pub has a fire/emergency exit from the rear and so do the takeaways at 39, 41, 41a. In an emergency what do we do. If the gates locked.

    I have downloaded the title plan for no33 and the PUB.Â* The Pubs boundary line is halfway into the side of the Alleyway.Â* No33 also has his boundary line half way into the Alley way.Â* No33s title teeds do state.Â* side and rear passageway included in the title is subject to Rights of Way.Â*Â*

    The drains and gutters are shared in the alley way.Â* They regularly get blocked and united utilities come out to unblock for free as its shared.Â* There is also access to manholes that connect drainage and sewers to main high street from the alley way.

    The Boundary line of no33 stops at halfway.Â* The gate has been put all the way across the Alley.Â* Covering half his boundary. But also covering half the pubs boundary.Â* He has supplied the pub with a key but wont give the others with Right of Way any access to keys.Â*Â*

    Can they park their cars in this Alley way if the boundaries are half/half?Â* Can they park their cars their if title deeds state Rights of way?Â* Can they erect a gate up and not give us access to the key?

    I have emailed the local council planning team to see if they can direct me to anyone in the council who can help.

    What else can I do?Â* How do I get further information regarding the note on the title deeds of no33 stating "passage way to the side and rear is subject to RIghts of Way"?

    Thank you so much in Advance for any help or advice on this.

    if I do go the lawyer route what kind of costs are involved here to remove the gate or allow other with Rights of way access at all time by not parking there?

    Â*
    Tags: None

  • #2
    You don't say what your interest is, but presumably it is one of the properties.

    First place to start is Land Registry for your property to see if it mentions a covenant or easement over the alley way.
    Also check the pub and No 33's title deeds
    Check here @ £3 per search:Â*Â*https://www.gov.uk/search-property-i...-land-registry

    Comment


    • #3
      Thank you Des8. I own the property at 39.

      No33 title plan does state "the passage way at the side and rear of the title deed is subject to Rights of Way"

      When I purchased the property It was highlighted to us that we have right of way. Ive not seen it on my title deeds but the solicitor did show me the statement from no33.

      Comment


      • #4
        des8

        Having re read my title deeds. There is a note regarding a transfer that contains restrictive covenents and reserves Rights of Way. I shall try get access to that transfer.

        Comment


        • #5
          Originally posted by sarahjones20 View Post
          des8

          Having re read my title deeds. There is a note regarding a transfer that contains restrictive covenents and reserves Rights of Way. I shall try get access to that transfer.
          Looks hopeful

          Comment


          • #6
            des8 i can see title deeds. Title plan. I cant find where to purchase the detailed copies of the transfer of X date between X and Y?



            Comment


            • #7
              To obtain copies of the transfer you need to use form OC2 as per the second link below.
              The top link (point no 2 is the guide for inspection and application of registration forms.

              https://www.gov.uk/government/public...d-other-guides
              https://assets.publishing.service.go...018-05-25_.pdf

              I would suggest contacting Land Registry in advance to make sure I got it right!
              Also be aware that LR are can be difficult to deal with as they are very orientated towards solicitors, and can reject forms for the slightest error.

              Comment


              • #8
                Des Thanks I ll give it a go. I will also track down the whereabouts of my original bundle.

                Comment

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