Access onto unadopted lane

[mahec]

I am looking for some legal advice.

I live in a row of terraced houses whose rear gardens back onto a small lane. Most of the lane is adopted by the council, but the end of it is unadopted. The unadopted end is separated by a set of security gates, and features a row of mews houses on one side.

Some of my neighbours, whose houses back onto the adopted section of the lane, have doors/gates in the wall which give them access onto the lane. This makes visiting the local shops very convenient. However, myself and neighbours whose houses back onto the unadopted part of the lane don't.

I was wondering if there is any way I would be able to install a gate in the wall, subject to obtaining the necessary planning permission.

Any advice greatly appreciated!

[echat11]

I can't answer directly, it might be an idea to draw a site plan, so members can visualize what you are suggesting. Attach the site plan via paperclip.

Here is some relevant information (posted for information only) - https://www.strand-systems.co.uk/new...or-a-new-gate/

[mahec]

Hi echat11, I've uploaded a sketch of the site. It's not completely accurate, but should help members visualise it. I am house 'C' in the sketch...

[echat11]

A neat plan.

I don't see that as a problem as long as you get all the necessary authorities from the council etc.

Would you have to use the security gate and access the 'adopted part of the lane to get to the shops'?

[MIKE770]

just get planning permission application in

[mahec]

I would, yes. My rear garden backs onto the unadopted lane, so I would need to go onto the unadopted section of the lane and through the security gates to get access to the adopted section of the lane (and shops). Do you think this will be a problem? Would the mews houses be able to prevent me from having access to the unadopted lane or keys to the security gates?

It's not clear who, if anyone, owns the section of unadopted lane. I ordered the title plan for some of the mews houses from HM Land Registry, and they don't seem to include the lane. It also doesn't appear to have a separate title...

[MIKE770]

just get planning permission application in

[echat11]

If the mews houses object it might be a problem, especially if they won't give you keys, but I'm not sure why they would object, the only way to find out is to apply for planning permission for the gate, go from there. Conversely better still write out a letter, with your email address, post it to the mews houses to get there thoughts. Asking before hand is so much better then when things are in motion. Could the 'terraced' house people try to acquire the 'unadopted' land from the Council if the mews people don't object, it might involve some digging, there are companies who do this.

[des8]

Is the unadopted lane a public right of way?
Each local highway authority (county council or unitary authority) will have records of public rights of way in its area, and should keep an updated definitive map you can consult

Even if unregistered with Land Registry someone owns that lane

[mahec]

Thanks des8, I've dropped the council an email, and will see what they say...