Neighbours - Driveway / Shared access to the driveway .

homi

Can anyone please give me some advice on a boundary line / access to an alleyway . 


My concern is since moving in they have been taking liberties with the driveway , my aunt had an arrangement with the previous neighbour where she built a fence on the boundary line and used the share path to access the alleyway . 

The new neighbours moved in ripped up the path and installed a bodge cement driveway and put a gate on the alleyway even though my aunts gas meter is there ( she has to knock on the door for a key to access it  )  they did it so they can park two cars on the driveway .

Now they are having their house refurbed and will be doing the driveway again so want to have a word with them before they start the work . 

I have downloaded both plans but it is not entirely clear ( see photos ) as there seem to be section which no one owns ,  she doesnt want to fallout with the neighbour but at the same time does not want it to affect the value of her home if she comes to sell . 

She is number 11 they neighbour 9 , on the plans cant find any reference to the number 1 . 
 
Any help would be appreciated . 

loubel

You need to look at the title register to see what the "1" refers to. There's probably a transfer deed setting out access rights over the shared alley/pathway. 

Assuming that aunt has a right of way over these then the neighbours shouldn't be parking on them or adding locked gates but her best bet is to have an amicable chat with them and show them the deeds as they likely haven't realised it isn't their land to do with as they please. 

canaldumidi

I can't make out which house is which or where the boundary is in relation to the drive. Or where the alley is. Or the access to it. However it looks as if the drives are not shared. Each property owns their own drive, with the boundary being the midpoint.

A key missing bit of info is the title document. Does this specify whether either one of you has a ROW pver the other's lad? What is the exact wording?

If there's a ROW, it cannot be obstructed. If there isn't, then... no right to go onto the neighbour's land.

homi

loubel said:

You need to look at the title register to see what the "1" refers to. There's probably a transfer deed setting out access rights over the shared alley/pathway. 

Assuming that aunt has a right of way over these then the neighbours shouldn't be parking on them or adding locked gates but her best bet is to have an amicable chat with them and show them the deeds as they likely haven't realised it isn't their land to do with as they please. 

thanks for responding , it is the issue with the driveway infront of the house as the boundary lines seem to show a section which is owned by no one which they have built on  . 

RAS

If you've got the deeds for both properties from the Land Registry, what does it say in each about that bit of land?

canaldumidi

homi said:

loubel said:

You need to look at the title register to see what the "1" refers to. There's probably a transfer deed setting out access rights over the shared alley/pathway. 

Assuming that aunt has a right of way over these then the neighbours shouldn't be parking on them or adding locked gates but her best bet is to have an amicable chat with them and show them the deeds as they likely haven't realised it isn't their land to do with as they please. 

thanks for responding , it is the issue with the driveway infront of the house as the boundary lines seem to show a section which is owned by no one which they have built on  . 

If as you suggest that bit of land is not owned by either property then

a) have you searched to identify the owner?

b) neither property has a right to use or access that bit of land, unless of course their Title deeds allow them to. Once again - what do the deeds say?

But having said that, LR Plans are very inaccurate at a detailed level.

theoretica

What do the plans look like when you look at both boundaries - is there a gap between them?  eg here https://www.landregistry-uk.com/map-search

homi

theoretica said:

What do the plans look like when you look at both boundaries - is there a gap between them?  eg here https://www.landregistry-uk.com/map-search

I will have a look at the deeds tomorrow but from memory it does not mention anything about the driveway , originally both houses had gardens and the section was a shared footpath separated with a hedge on either side  ( even though my aunt has her own enterance on the other side ) - being an end terrace the house connect over the arch of the alleyway .

They moved in 5 year ago and my aunt came back from shopping and the ripped the garden out plus the footpath  and filled it up to concrete to he fence.  

Here is the picture from about from the land registry -  looking at the other house on the road they all look the same with a section not owned by either . 

Woolsery

So, to be clear, there's a covered alleyway between the buildings which both owners accessed in the past to reach their gardens, (although your aunt has another means of access too) Is that correct? Whose house is above the alley, or do both houses meet above it? 

Have the neighbours blocked off this alleyway and is the gas meter in there?

Tigsteroonie

So your aunt has only been using her front garden up to the boundary as shown on the deeds; she has lost the un-owned shared footpath between the houses but this is less of a concern because she has an alternate access to the front of her house.

The neighbours have assumed usage of the un-owned shared footpath by removing their own boundary fence on that side and concreting across the full width. That would seem to be their problem and I doubt there is much your aunt can do about it other than highlight it to - perhaps the local council, who I am guessing probably own the land of the shared footpath in  the same way that they would own the pavement and road outside.  If they are using it to park two cars, is there a dropped kerb? That could be your "in" with the council

The contentious issue seems to be access to the alley, for access to whatever is in the alley (meters) and back garden (presumably its original purpose). As both deeds show a reference to "1" on the alley, you would definitely need to scour the written title deeds to learn what that "1" refers to and whether there is any mention of rights of way, access rights, access, any phrase like that. 

homi

Tigsteroonie said:

So your aunt has only been using her front garden up to the boundary as shown on the deeds; she has lost the un-owned shared footpath between the houses but this is less of a concern because she has an alternate access to the front of her house.

The neighbours have assumed usage of the un-owned shared footpath by removing their own boundary fence on that side and concreting across the full width. That would seem to be their problem and I doubt there is much your aunt can do about it other than highlight it to - perhaps the local council, who I am guessing probably own the land of the shared footpath in  the same way that they would own the pavement and road outside.  If they are using it to park two cars, is there a dropped kerb? That could be your "in" with the council

The contentious issue seems to be access to the alley, for access to whatever is in the alley (meters) and back garden (presumably its original purpose). As both deeds show a reference to "1" on the alley, you would definitely need to scour the written title deeds to learn what that "1" refers to and whether there is any mention of rights of way, access rights, access, any phrase like that. 

Thanks , yes all correct  . Will give the council a call and see what they say, they put in a drop kerb but was done when they moved in by  was not done by the council . 

My aunt has told them several times that there should not be a lock on the gate due to the meter and in case there is a gas leak   but they said the need it for security as they been using it for storing their junk  , every other week I have to go and push all their stuff onto their wall as they lean it against my aunts wall causing damp.   

My aunts house an ex council end terrace so the houses attach above the alleyway ( will get a photo done later today ) , by building over the shared access  .  

Will check the deeds today .