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Who is responsible for shared access maintenance?

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  • Who is responsible for shared access maintenance?

    There is an alleyway that runs between our house, and our neighbour's house. It's of no use to either of us. As far as I can see, its only purpose is to give the houses behind ours access to their back garden gates.

    It's got very overgrown and run down. Our neighbour has suggested that we need to sort it out and the weeds will start damaging our properties. I don't really share this concern. I also don't have any interest in taking on the maintenance for a stretch of land that I don't use, and I don't think belongs to me.

    My questions are:

    1) How can I find out who owns/is responsible for the passageway?
    2) If it's just there for communal use, what are the responsibilities?
    Tags: None

  • #2

    Check with Land Registry (cost £3) https://www.gov.uk/search-property-i...-land-registry
    for ownership.

    If it is not yours check your own file to see if you have right of way on it.

    ​​​​​​​Are you sure it is not a public footpath and maintained by local authority?

    Comment


    • #3
      Thanks.

      Originally posted by des8 View Post
      Are you sure it is not a public footpath and maintained by local authority?

      No, I'm not sure at all. No idea whose it is really. Only that the only people who benefit from it are the three houses who can use it to get to their back gardens. How can I find out if the local authority should be maintaining it?

      Comment


      • #4
        The starting point is the Definitive Map of Public Rights of Way maintained by the local authority.

        Comment


        • #5
          It probably owned by the entity that originally built your houses and was put there for rear access to your properties so those houses bordering will have easement rights over it . if the houses are old it may no longer be possible to find out who owns it but it’s also possible it could be owned by one or more of the houses that border it and the other properties have easement rights over it.

          Your first step if you need to know more about the alley is look at your register of title to see if it shows any part of it within your boundary or if it mentions you have any easement rights over it..

          If you have an easement right which you will most likely do if it’s not within your boundary you have the right to maintain . The owner who ever it is ,is under no obligation to maintain it, unless something on it is causing an actionable nuisance

          Comment

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