Obstruction in alleyway, access rights

blake7even

We are looking to purchase a ground floor flat with garden. The garden has an alley beside a end terrace then running along the back of three houses in the terrace before it gets to ours.

On the deeds of the end terrace with the alley entrance path it shows the access along his gable wall as being his. It has a line in the Title mentioning the footpath, the right of way and traffic by foot permitted.

He says I can't push a non-started motor-scooter or bicycle up that path. I'm sure he's wrong as I've found case law showing a pushed motorcycle / bicycle is fine on a footpath. (Crank v Brooks [1980] RTR 441)

Secondly the other two houses have grown a shed and a bush in the alley respectively. The title shows they own the part of the alley directly behind their garden. This is the line from their deed.

2.b EXCEPTING AND RESERVING unto the Vendor and its successors in title all
rights of way water light air drainage and other services or other
easements or quasi easements as have hitherto existed for the benefit
of the adjoining land now or formerly owned by the Vendor.

3 The pasageways included in the title are subject to rights of way.

I'm certain they are in breach of this? If so I'm going to try to ask nicely & help move the obstructions but where do I go if they are not willing?

Thanks.

maninthestreet

You would need to engage a solicitor, and it may be costly to enforce your rights. Just how much of the alley do the shed and bush obstruct?

blake7even

The shed 90% the bush and pile of rubble it's growing from 100% of the alley. Surely it should cost the offender not the person who is loosing out? Could I claim back my costs?

The access is very much a deal breaker for buying the property as there is no other way to secure my Bicycle and vintage scooters than to get them into the garden.

Tixy

How far are you in terms of purchasing the property?
Have you instructed a solicitor yet? and have you discussed this issue with them?

If it is a deal breaker then I would make your offer only on the condition that the vendor deals with the issue of the obstructions with the neighbours before you exchange.

blake7even

Just made an offer. Not yet heard back. No instruction to our Solicitor yet. She's a conveyancer not really sure if this is within her skill set. I'll ask.

Didn't think to get the Freeholder (its a conversion flat) to look into it. I'm sure he won't care and neither will the current leaseholder as he rents it out right now.

Pretty sure this is for me to deal with.

If the offer is accepted I might try and introduce myself to the offending neighbours and see what the lay of the land is. I've lived in London long enough to know that the chances of two neighbours being totally cool with this are slim to none!

Thanks.

lincroft1710

At least you are trying to sort the problem before you purchase.

If the access is so important for you, then I would suggest you look elsewhere. At best you will upset neighbours if they have to move things or allow you to do what they don't want you to do. At worst you won't have type of access you require.

blake7even

We will continue to look around as the tenancy will not end until December so even if all goes well we have time on our side.

However, Finding a Flat with a garden with access and a driveway in West London on budget is FAR easier said than done. We have seen two in 6 months. In all other ways this place is perfect and rather than run away I want to know what my rights are and 'who to call'.

I'd rather not upset our new neighbours but as a last resort I'm happy to do it. City living rarely goes hand in hand with 'community' living.

Also sometimes people react well to 'I'll give you a hand' other react well to 'I'll have to call my solicitor' but I don't like making threats and especially if they are empty. Is there no department in Ealing Council or land registry for this? Seems silly that the land Reg keeps documents and covenants that if people break there is no recourse.

Tixy

Regarding the obstruction - is there a way through the neigbours gardens that you could pass as they have obstructed the right of way? I think I have read a thread in the past which suggested this was legally allowed as an alternative.

Regarding this

He says I can't push a non-started motor-scooter or bicycle up that path. I'm sure he's wrong as I've found case law showing a pushed motorcycle / bicycle is fine on a footpath. (Crank v Brooks [1980] RTR 441)

This isn't a footpath though - its a right of way. A pushed bicycle shouldn't be an issue but a motorbike/scooter may be judged differently?

blake7even

As stated, and only in his lease it says he owns the "footpath' and that the "footpath" must allow "foot traffic right of way"

Paraphrased from a article (google pushing bicycle footpath) I'm not yet allowed to post links. Sorry.



in his judgment in the Court of Appeal in Selby Taylor LJ noted that when the case was heard by the Magistrates: "… there was no evidence before them at that stage as to how that travel had been accomplished, namely, whether the appellant had been riding the motorcycle or wheeling it"
It is therefore apparent that there is a clear difference between riding a motorcycle and wheeling it. Henry J had commented earlier in his judgment that what applies to a motorcycle must also apply to a bicycle.



Pushing (not astride) a motorcycle or bicycle is considered foot traffic according to case law.

lincroft1710

A right of way usually has specific usage rights, it may only be pedestrian. If this is the case then the owner is correct is refusing you access for your scooters.

Councils are not arbiters of rights of way unless it is a designated public footpath, and the Land Registry certainly won't get involved.

If no amicable solution can be reached then you would have to take the matter to a relevant court and you may lose and end up paying your and the other parties' costs.

lincroft1710

The case you quote seems to concern a public footpath, not a right of way.