Help re shared access alley

Sharleneh

Hi I'm looking to purchase a terrace house with an alley to one side. The agent tells me it is owned by 'my' property but has shared access to neighbour. I want to know if the shared access to neighbour is legal, can I do what I want with it?

Any advice much appreciate.

anselld

Legal yes. Should be covered in the deeds.
You can't do anything which would restrict the neighbours access rights.
Find out who has to pay for any maintenance.

G_M

You can do whatever you like with it -

So long as you don't interfere with your neighbour's right to use it for access....

And so long as you comply with any other related Restrictions in the Deeds.

And maintain it in compliance with any Obligations in the Deeds.

Sharleneh

Hi sorry I got the wording a bit wrong it's 'access given' is it the same?

anselld

Sharleneh wrote: »

Hi sorry I got the wording a bit wrong it's 'access given' is it the same?

Sounds the same. What is actually accessible via the alley? That should give you a little clue about its purpose.

moneyistooshorttomention

What are you hoping to do with this alley?

I'm rather wondering whether you would be hoping to put some plants in containers there for instance? In that case, for instance, I personally would interpret that as I could put up hanging baskets, but I couldn't put plants on the ground (as the first wouldn't block access, but the second would).

Is that the sort of scenario you are thinking of?

I guess its the pedestrian equivalent of a Right of Way on a road. Road ROW's are not allowed to be blocked and that means no-one can park on them (not that that sometimes stops people doing so:eek:...as I can see that happens sometimes on my own ROW that I use to get to my house). I've not had occasion to tell the "parker" to move yet, as I needed my ROW..but am aware it could happen and they would have to do so.

In your circumstances, for instance, you wouldn't be able to put your dustbins in that alley..as that would block access to the other user of that alley (and, in fairness, that access path would need to be wide enough for a pram/a wheelchair/someone in need of a lot of dieting/etc).

DRP

Don't listen to what the agent says, he's not working in your interests.

Do the research, find the original evidence - land registry for example.

Land_Registry

The conveyancing will check what is registered and if the details confirm you own the alley and/or it is subject to a right for next door to use it or have access via it then it should be referred to. The neighbour's registered details are also likely to refer as well.

As others have posted once armed with that detail you can then consider whether you can do 'anything' with it. You should be able to check the details online although your conveyancer will do this for you.

Even if the title is silent it is worth checking with the current owners as to whether the neighbour has used the alley for any purpose over the years. Rights can be acquired over time but if the agent, bearing in mind DRP's post, has mentioned it I would imagine that it is a registered right rather than a claimed one.

Doing the right research first can help to avoid any disputes with the neighbour.