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Land Registry - Unregistered alley

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  • Land Registry - Unregistered alley

    HI LB,
    I have a semi detatched house with a driveway ( House No1). Next to that is an Alley running down the length of the property that apparently belongs to the owners of the house it leads to (house 124 in red, the alley is the thin strip at the botom of the garden).

    I have checked with lang regisry and searched 5 houses nearby and can't find any proof of ownership. The fence has fallen down and has been in disrepair for many years. I would like to take the fence down and extend my drive. I have been in the house for 8 years now and am not sure what rights I have or how to find who owns the alley. I am willing to even buy it. Any ideas where I start?. The council just told me to find a solicitor.

    Thanks in advance.

    Tags: None

  • #2
    pic attached
    Attached Files

    Comment


    • #3
      You will need to make an index search request. Link below for more information on how to do that and the results will tell you if the land is owned and what title number(s) are attached to that strip of land, which can be used to input into the land registry online.

      https://www.gov.uk/get-information-a...-the-index-map

      If the land is truly unregistered land, then you might struggle to find out the owner, unless your neighbour can prove ownership. You may look at adverse possession but that's going to take you some time to acquire. More info on adverse possession of unregistered land below.

      https://www.gov.uk/government/public...3-october-2003
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      Comment


      • #4
        Hi Rob,
        adverse possession sounds compicated. lol

        Regards,
        Rob

        Comment


        • #5
          Do the titles for no 124 and no 126 include entries relating to a right of way over the alley? Do no 124 and 126 use the alley? Is there a gate from either garden to the alley?

          If you simply annex the alley without checking these things out you are likely to be blundering your way into legal problems.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            NB the map shows sufficient detail to identify the location. Looking at google street view (which does not give perfect pictures of the alleyway) I would recommend you to take great care to complete your investigations before doing anything.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by Londonrob77 View Post
              Hi Rob,
              adverse possession sounds compicated. lol

              Regards,
              Rob
              Ohhh, i havent checked that. I just downloaded the title plan. Would that info be on the land registry? There is a gate on the pavement and a gate leading to the garden. Both in need of repair. Im not touching the fence until i can see who it belongs to.
              Attached Files

              Comment


              • #8
                Would I search for the title deeds? https://www.gov.uk/search-property-i...-land-registry

                Comment


                • #9
                  Get the full land registry details for all properties.

                  The existence of the gates you now mention tells me that the best advice that can be given to you is to forget it.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    I will have a look anyway. Thank you for the advice. I am happy to even buy the land off the owner, i just need to know who it is. lol

                    Comment


                    • #11
                      Buying it may be your only realistic option - if the owner will sell.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Have spoken to the daughter of the house. They are fixing the fence and are under the impression they bought the alley with the property.
                        Would this not be on land registry deeds?
                        If they do have proof of ownership they have said they may be interested in selling it. Is this allowed?
                        Would I then be allowed to build on the drive/alley?

                        Thanks for the advice

                        Comment


                        • #13
                          Q1. Have you seen the Land Registry entries for that property yet?
                          Q2. Yes.
                          Q3. You may need planning permission.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Thank you

                            Comment

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