Land registry

jdsimmons3

In the process of buying our first home. My solicitor raised these enquiries about an alley behind our property.

Do we have access?
Who maintains it etc?
He answered don't know to everything.

I veiwed the property again and there isn't a alley behind the property or the neighbouring property but on the land registry and title plan there clearly should be an alley behind.

My solicitor has asked again and questioned if the fence has been moved and asked if he has for the title to it.

What happens if he doesn't? The neighbouring property must have also moved their fence back. So is this something thats ok to do? If we buy it as it is could we get in any trouble etc. I don't want to delay the sale as we're keen to move asap but of course I want everything to be correct before we take over the property. I've attached a pic of the land registry but as I've explained there is no alley behind our garden 

kirtondm

Sounds like the houses have both nicked the alleyway. I would make sure that the price you have offered only includes the garden owned by the house. The problem is your solicitor will probably have to inform the bank if a mortgage is involved.

Whether it will make a material difference to the value probably depends on the size of garden.

jdsimmons3

kirtondm said:

Sounds like the houses have both nicked the alleyway. I would make sure that the price you have offered only includes the garden owned by the house. The problem is your solicitor will probably have to inform the bank if a mortgage is involved.

Whether it will make a material difference to the value probably depends on the size of garden.

Hi I don't think it would effect the price as it is only a very small amount! I will try to upload a photo. 

jdsimmons3

you can see here. 

kirtondm

ok so the only people losing out will be the house to the left. It looks like the alley was provided as rear access for them. It depends on whether they want to enforce action in the future. It may be out of your hands as the solicitor may feel the have to tell the bank if they don't get satisfactory answers.

Has the alley alongside 29 also disappeared?

user1977

I can't see that being material. There's a theoretical risk that whoever owns the alleyway suddenly turns up and kicks you off the bit at the bottom of "your" garden, but I'm not sure it's worthwhile sorting it formally - just don't build anything important there!

jdsimmons3

kirtondm said:

ok so the only people losing out will be the house to the left. It looks like the alley was provided as rear access for them. It depends on whether they want to enforce action in the future. It may be out of your hands as the solicitor may feel the have to tell the bank if they don't get satisfactory answers.

Has the alley alongside 29 also disappeared?

That's the house I'm buying! Circled in red so if the alley behind isn't there then my garden had just been made bigger! No alley behind 29 either so I assume they done the same thing.

jdsimmons3

user1977 said:

I can't see that being material. There's a theoretical risk that whoever owns the alleyway suddenly turns up and kicks you off the bit at the bottom of "your" garden, but I'm not sure it's worthwhile sorting it formally - just don't build anything important there!

Yes this is my worry. I wouldn't mind simply moving it back when or if asked. However what I worry about if receiving a fine or some thing of the sort

user1977

jdsimmons3 said:

user1977 said:

I can't see that being material. There's a theoretical risk that whoever owns the alleyway suddenly turns up and kicks you off the bit at the bottom of "your" garden, but I'm not sure it's worthwhile sorting it formally - just don't build anything important there!

Yes this is my worry. I wouldn't mind simply moving it back when or if asked. However what I worry about if receiving a fine or some thing of the sort

A "fine"? Who from, the alley police? Nobody's going to fine you.

jdsimmons3

user1977 said:

jdsimmons3 said:

user1977 said:

I can't see that being material. There's a theoretical risk that whoever owns the alleyway suddenly turns up and kicks you off the bit at the bottom of "your" garden, but I'm not sure it's worthwhile sorting it formally - just don't build anything important there!

Yes this is my worry. I wouldn't mind simply moving it back when or if asked. However what I worry about if receiving a fine or some thing of the sort

A "fine"? Who from, the alley police? Nobody's going to fine you.

😂 No idea! Like I said it's the first time were buying a house so not sure who owns this land etc! I'm sure it's ok as it's only access to our garden so may as well be ours anyway

Slithery

jdsimmons3 said:

kirtondm said:

ok so the only people losing out will be the house to the left. It looks like the alley was provided as rear access for them. It depends on whether they want to enforce action in the future. It may be out of your hands as the solicitor may feel the have to tell the bank if they don't get satisfactory answers.

Has the alley alongside 29 also disappeared?

That's the house I'm buying! Circled in red so if the alley behind isn't there then my garden had just been made bigger! No alley behind 29 either so I assume they done the same thing.

I believe that kirtondm meant the house to the left of the red outline. It looks like the path was to provide access to their back garden.