Alleyway Rights

ST1nk8

I live in a terraced property sharing an alleyway with my neighbour.  Yesterday he knocked on my door to tell me he was considering buying the alleyway from the council, with the intention of putting roller shutters on and parking his car there. The alleyway is roughly 7.6 feet wide and runs the length of the houses.  As we both have right of way on our deeds can he do this?  I live on my own and my daughter lives behind my house and we both use the alleyway to visit.  Other neighbours also use it but do not have right of access on their deeds.  He said he would give me a key for the shutters and pay for a back door to my garden.  I have arthritis and struggle with keys and I do not want to stop the neighbours from using it. I am also concerned that it may devalue my property.  The man at the council told me if he buys it he can do what he likes and I would have to contact a solicitor. (which could be expensive).  Any advise would be appreciated

m0bov

Check your DEEDS if you have ROW. Its not relevant who owns it, if you have ROW.

Manxman_in_exile

You should get this thread moved to the House buying/selling/renting property board - you'll be more likely to get useful responses relevant to your question.  (Not that there is anything wrong with m0bov's response).

Click on the report button on your first post and ask a Board Guide to move it.

Undervalued

ST1nk8 said:

I live in a terraced property sharing an alleyway with my neighbour.  Yesterday he knocked on my door to tell me he was considering buying the alleyway from the council, with the intention of putting roller shutters on and parking his car there. The alleyway is roughly 7.6 feet wide and runs the length of the houses.  As we both have right of way on our deeds can he do this?  I live on my own and my daughter lives behind my house and we both use the alleyway to visit.  Other neighbours also use it but do not have right of access on their deeds.  He said he would give me a key for the shutters and pay for a back door to my garden.  I have arthritis and struggle with keys and I do not want to stop the neighbours from using it. I am also concerned that it may devalue my property.  The man at the council told me if he buys it he can do what he likes and I would have to contact a solicitor. (which could be expensive).  Any advise would be appreciated

That would be my understanding providing it does prevent you doing anything you are entitled to do.

Given that other neighbours, with apparently no rights, are making use of this alley it is understandable that he may want to prevent this happening.

I don't understand the bit about "paying for you to have a back door". Are you saying you can only access your garden by coming out of your house through the front (only?) door then using the alley to get to land you own (your garden) behind your house?

It is not uncommon to have alley and passages protected by gates etc and only those with rights having keys. The problem more often is getting some them to keep the gates locked.

A right of way only allows you to pass and re-pass, not to loiter or assemble or otherwise use the land.

princeofpounds

If you have a right of way in your deeds (a 'granted easement') then he cannot do anything that 'substantially interferes' with your right of way.

That's not to say the police will come and stop him or anything like that - it is a civil matter and in a practical sense he can attempt to do whatever he wants on land he owns. But what it allows you to do is to go to court to protect your rights, and you may be able to recover some legal costs as well (though typically you rarely get everything back unless the other side is utterly ridiculous in their conduct, and you don't get paid for the time you waste either).

You should familiarise yourself with the terms of your right of way, but it is probably 'at all times and for all purposes'. It may restrict you in some ways (e.g. on foot or with a wheelbarrow only is another common version). 

What constitutes a substantial interference is complex and defined mainly through case law precedent. There have even been legal arguments about things like fob vs. push-button operated electric gates. But installing a roller shutter and parking a car over the right of way is almost certainly going to be unacceptable.

It's a bit more of a grey area if it is simply gated and locked with a key supplied to you. It would probably still be unacceptable but I would recommend you talk to a specialist solicitor if it gets to that stage.

The fact that nearby neighbours use the alleyway is probably not relevant at all to your legal situation. However, if they have used this land for access without explicit permission or active opposition for 20 years then they too have a right of way (an 'easement by prescription) even if it is not written in their deeds, so they may be able to join in opposition as well. 

I would strongly recommend you get legal protection on your home insurance, as this is exactly the kind of thing they deal with. However you will have to be a bit careful with how you go about it, as they may well not cover you if a) it's already a known problem - but thankfully he hasn't bought it yet so there is no dispute so far - and b) you make a claim very soon after signing up. But check - you may already have it.

With that understanding in place, you should then try the tea-and-cake approach - speak to the neighbour, point out that their plans will not work as it obstructs your right of way (and potentially that of others if they have established a right). You may also be able to settle on common ground - for example, if the other neighbours aren't a factor, and he is concerned about them using the route, then maybe a simple gate isn't a bad idea if there is one that is suitable for your use.

But parking and a roller-shutter? No.

By the way, he wouldn't be allowed to attach a roller-shutter to your building either.

davidmcn

ST1nk8 said:

the intention of parking his car there. The alleyway is roughly 7.6 feet wide
...
He said he would give me a key for the shutters and pay for a back door to my garden.

But presumably you'd have to squeeze past his car (and whatever else he's plonked in there)?

Norman_Castle

ST1nk8 said:

I live in a terraced property sharing an alleyway with my neighbour.  Yesterday he knocked on my door to tell me he was considering buying the alleyway from the council, with the intention of putting roller shutters on and parking his car there. The alleyway is roughly 7.6 feet wide and runs the length of the houses.  As we both have right of way on our deeds can he do this?  I live on my own and my daughter lives behind my house and we both use the alleyway to visit.  Other neighbours also use it but do not have right of access on their deeds.  He said he would give me a key for the shutters and pay for a back door to my garden.

Do the council own this alley way? Do your deeds state who is responsible for its maintenance?

ST1nk8

Thanks to Everyone for your invaluable help and advice.  With so much good advice and information you have given, I feel much more confident in dealing with the situation.  Thank You so much!

Jeepers_Creepers

I suspect the neighbour was 'testing the water' regarding your reaction to his plan. So it's important to give him your reasoned reaction.

As PoP says, a car parked in a 7.6' wide alleyway is going to be a serious hindrance to your access. I have 8' wide gates, and I don't think I could even open my car doors wide enough to get out if I stopped half-way through, and forget trying to walk past the wing mirrors in that position.

You need to cite the exact wording in your deeds, and if it's as PoP reckons is quite likely - 'at all times and for all purposes' - then that should be an open and shut case, and not alleyway. (drrr-cheeesh. Cough)

Leg Prot on your insurance - check that now. If you already have it, you can call them up for guidance and advice in the first instance, and I think they do this at no cost, and without opening it as an actual case.

Your neighb needs to know that you fully understand why he would want to use the alleyway for his car, and you sympathise with this, but unfortunately there is no arrangement that you are aware of that wouldn't impinge significantly on your 'RoW at all times...' (quote from your deeds).

You'll soon get an idea of the reasonableness of the neighb - if they try the "you'll have a key..." 'solution', you tell them "I don't need a key at the moment". Even ask them - "How can I get past your car without extreme difficulty, and without risking it being scratched?"

Hang on - you say he offered to pay for a 'back door' to be fitted to your garden? I presume you mean an actual door from the house that isn't currently there? Ok, sit down and have a think about how this would work. Could it possibly be better than always having to go out the front, down the alley and then into your garden? I presume you can access your daughter's house via your garden? If so, what are the drawbacks? I guess one is that you wouldn't want to run a wheelbarrow through your house? Um, anything else?

If not, then consider a compromise; you want French doors fitted, reserve the right to use the alleyway for rare situations where access through the house isn't reasonable - say you were having a shed, connie, summerhouse built - for which you'd be required to give your neighb, say, one-week's notice, and - ooh - a wee cash incentive?! 

Just a thought - it has to be your call, since you can be the only one to judge the pros and cons. I wouldn't worry too much about the other neighbours as - sorry - they seemingly have no entitlement at all. (And if one of them was 'orrible, then you'd be cheesed off with them going down there anyways...)

davidmcn

Jeepers_Creepers said:

Hang on - you say he offered to pay for a 'back door' to be fitted to your garden?

I think the OP meant a back door to the garage i.e. so it can be walked through.

Jeepers_Creepers

davidmcn said:

Jeepers_Creepers said:

Hang on - you say he offered to pay for a 'back door' to be fitted to your garden?

I think the OP meant a back door to the garage i.e. so it can be walked through.

That's how I read it first too. But, on re-reading, it says "...and pay for a back door to my garden."

Just seems a strange thing for the neighb to have said "I'll pay for..." rather than "It'll have a door to your garden..." (the back of this alleyway surely won't currently have a wall since they can all walk through it, so the neighb will be planning a rear wall as well as roller doors?)

Hopefully ST1nk8 will clarify.

I would certainly be of the opinion that no way can you restrict my RoW in any sense. But, if you are willing to sort out alternative access to my garden for me, then "let's talk!"