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Rear Alley Way - Access to my garden

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  • Rear Alley Way - Access to my garden

    I does anyone have an idea regarding access onto a right of way? I live on a terrace house, my title Deed states I have rear access to alleyway leading to an alleyway two houses down.
    I purchased this house 5 years ago. My neighbour has extended her garden to encompass this back alley way and to block my access. Our garden has been extended also. I now want to start using this access point. Her title plan and mine at land registry clearly shows this alleyway in place. Her extended garden is the only house which blocks my access to the side access two houses down.

    I have asked to now start using this access and she has declined in writing stating she now considers this land to be hers under a Land Registry Act 2002 adverse possession, but she has only owned for 11 years approx.

    Can she just snatch this alleyway up and block my access ? Does anyone know how to go about challenging this and would it be just a complete nightmare to open up this can of worms?

    I will seek legal advice but want to know where I stand? Thanks in advance
    Tags: None

  • #2
    Do you own the land in question?


    Comment


    • #3
      I would immediately notify the Land Registry by recorded delivery that you have objected to her use of this land : and a copy to her. You need to block her claiming adverse possession.
      Also, as you are rightly doing, consult a solicitor asap

      Comment


      • #4
        It doesn't really matter if she does obtain ownership of this land by a claim for adverse possession as that will not extinguish your right of way.
        Still do as previously advised tho'

        If she refuses to allow you access, you write to her informing her you intend to apply to the courts for an injunction ordering her to unblock your access, together with an order she pays the cost of the action

        Comment


        • #5
          Statement of fact : Des is more knowledgeable than I am. I would give more weight to his advice. I agree with what he posts.

          Comment


          • #6
            Originally posted by bre3457 View Post
            I does anyone have an idea regarding access onto a right of way? I live on a terrace house, my title Deed states I have rear access to alleyway leading to an alleyway two houses down.
            I purchased this house 5 years ago. My neighbour has extended her garden to encompass this back alley way and to block my access. Our garden has been extended also. I now want to start using this access point. Her title plan and mine at land registry clearly shows this alleyway in place. Her extended garden is the only house which blocks my access to the side access two houses down.

            I have asked to now start using this access and she has declined in writing stating she now considers this land to be hers under a Land Registry Act 2002 adverse possession, but she has only owned for 11 years approx.

            Can she just snatch this alleyway up and block my access ? Does anyone know how to go about challenging this and would it be just a complete nightmare to open up this can of worms?

            I will seek legal advice but want to know where I stand? Thanks in advance
            From what I can see on land registry she nor I has ownership
            It was the original alley way

            Comment


            • #7
              Someone owns it, just might not be able to find who, which leaves the possibility of adverse possession.
              As you are not the owner you could not object to an adverse possession claim, but any such claim will not extinguish your right of access which is attached to the burdened land.

              Comment

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