Neighbours - Driveway / Shared access to the driveway .

Section62

Twixty3 said:

From what I can see on the maps they both have a bit that juts out to include the alley which implies it is shared.

Without knowing what "1" means nothing can be implied unfortunately.

homi

Twixty3 said:

From what I can see on the maps they both have a bit that juts out to include the alley which implies it is shared.  The path belongs to neither house according to the map also. So at face value they have no claim.  

Might be worth your Aunt talking to her solicitor as if it is shared it should be sold as shared. 

How is the access at the other end of the alley shared ? Was your  Aunt able to access her garden via this alley from her own gate or did her previous neighbour have it fenced of? 

Yes she use to have access from the back but the removed her gate and put up a fence again they said for security reasons  .  I went around today  , I said I was waiting for a gas man to read the meter and made a copy of the key. 


They agree that it is shared access to the alleyway but said becuase she has her own access they should be in control of this one ,  you go into the garden the fence boundary  line runs down from where the house meet . 


I am getting a carpenter around next week to reinstall the gate and also mention to them before they do the driveway to check the planning as If my aunt does decide to sell the new neighbours may not be as amicable as my aunt and will report them to the council . 

TripleH

Silly question but could anyone else get access to their property via that alleyway?

They might not use it now but might have a right of way (neighbours either side of your aunt & next door)?

I know there was an alley you'd walk down to get access to the back of 6 properties over the road from me at Uni. 1 landlord owned all 6 so don't think there was an issue.

YoungBlueEyes

Good point ^
I once looked at a house in Belper - similar set-up. 6 or maybe 8 terraced houses with a couple of those ginnels in, but the whole row had access to their gardens through either.

If it isn't just your aunt that this affects, would the other neighbours support her if required?

homi

I have checked the deeds I unable to find a reference to the number 1 on the plan , the only possible reference is 

"To keep the fences of the premises herby transferred where marked T inwards on the said plan annexed in good condition substational repair and condition "

on the plan it shows the T section as being  the fence which my aunts got but the neighbour removed . 

Its a row of terrace house with my aunts house being the end one  - every 2 houses they all share an enterance , the issue is that the neighbour has seen my aunt has one of the other side so grabbed this one and build over the possible council land . 

I have tried phoning the council but not too sure what department as the planning people did not want to know . 

Section62

homi said:

I have tried phoning the council but not too sure what department as the planning people did not want to know . 

Housing probably.

If they aren't interested then find out which department manages the council's land - often called 'Property Services'.

Failing that, try the legal department - tell them you think your neighbour is attempting to appropriate land which you believe belongs to the council.

Twixty3

Far better to politely ask for a copy of the key. 

@Section62 I did suggest that the  Aunt spoke to her solicitor 

Slinky

Is the gate padlocked? Can your Aunt add a padlock of her own and start making life difficult for the neighbours......

Section62

Twixty3 said:

Far better to politely ask for a copy of the key. 

Section62 I did suggest that the  Aunt spoke to her solicitor 

But no point going to a solicitor if it is as simple as the council owning the path and alley - let them sort it out.

Also, asking for a key to the gate may be deemed to be acquiescence to the neighbour unlawfully denying the OP's mum the right to freely use this form of access.  That may not be fatal to later legal action, but would potentially be a complication to avoid.

If the neighbour has no right to place a lock on the gate (or not to put up a gate to start with) then that should be the mum's starting point.

homi

Just an update , spoke to the neighbour who agreed to supply a key to the gate but they now decided to put a window in the alleyway on their side - they showed me the plans which they say were passed by the council - 4 x 3 foot window . 

Going to phone the council as they are noisy enough and now with the window all the sounds will be echoing through the alleyway .


Stress my aunt really does not need.