Legal Advice Needed! Land / Alley / Ad Medium Filum

Dpw15

27TH June 2017

Hi All!

I’m currently the property owner of my semi detached house.
The house itself has a 3.7m alleyway running adjacent it to the opposite road.

In my deeds it says that my property as well as the other 3 properties in which are adjacent the alley are responsible for the maintenance of it.

I have checked with the council and it's not a public right of way so they have wiped their hands of it and wont touch it.

It's basically a complete mess down there and is a spawning ground for drug addicts, the homeless and people who love to litter.

Myself and the three other households want to close this alley and extend our fence line to the middle of the alley. I believe this is called in legal terms 'ad medium filum'.

Does anyone have any experience of getting this achieved??.

I don't want to pay a solicitor thousands of pounds to be told no.


Thanks everyone!.

Guest101

You might be responsible for it, but who actually owns it?


Original developer? What was the purpose of the alleyway?

davidmcn

If it's not a public right of way, who in practice is going to stop you from shutting it off?

Do you know who actually has title to it, if you only have a maintenance responsibility for it?

Dpw15

No it doesn't say anything in our deeds about who owns it. Just that we're responsible for maintaining it.

It's primary use is to allow access to our rear gardens but can also be used as a cut through to the street behind.

The developer has now shut down and there's no contact available to discuss if it's theirs or not.

I didn't want to simply move my fence over for someone to tell me that I'd have to move it back if that makes sense. Not sure who that someone might be though (land registry?).

Guest101

Dpw15 wrote: »

No it doesn't say anything in our deeds about who owns it. Just that we're responsible for maintaining it.

It's primary use is to allow access to our rear gardens but can also be used as a cut through to the street behind.

The developer has now shut down and there's no contact available to discuss if it's theirs or not.

I didn't want to simply move my fence over for someone to tell me that I'd have to move it back if that makes sense. Not sure who that someone might be though (land registry?).

No LR wont be interested.


I'd start with a locked gate at both ends and see if anyone takes legal action.

bouicca21

In the area in which I live such alleyways have been gated and locked.

Dpw15

I'm going through a Solicitor to be on the safe side I think.
Thanks for your thoughts though!

Wookey

Dpw15 wrote: »

I'm going through a Solicitor to be on the safe side I think.
Thanks for your thoughts though!

I would involve the other householders in that case and do it as a group and split the costs 4 ways for both solicitor and installing the gates. If all are in agreement then make sure the solicitor understands that and divides the bill between you so that you are not lumbered with the bill.

G_M

Have you done a map enquiry with the Land Registry here to see if the land in question is registered, and if so who owns it?

Dpw15

The land is listed as un-adopted and has two primary purposes.

1 - Allow exit from terraced houses in the event of a fire
2 - Allow access to rear of properties in general.

The council has said it's not a public right of way nor owned by them.

In my deeds it says that we're responsible for the maintenance of the passageway. However it does not say we own it or who does if at all. It's not even listed on the land registry.

I think it's a grey area and there's no legal title to say we can close it. However if nobody objects then I'm guessing we wouldn't have a problem. But as people love to complain I'm sure some would just for the hell of it.

I'm going to try and get confirmation from the council that they agree it should be closed due to H&S reasons. If I achieve this I think we will be fine.

All other neighbours are already in agreement and willing to split the cost.

Guest101

The H&S issue isn't anything to do with the council (perhaps the fire service), you may need planning permission, but just double check.


Complaints aren't an issue, its legal challenges you need to consider.