private/ shared alleyway dispute

IUrban

I have a query regarding Title Deeds and Alleyway easements. We reside in a mid-terrace house with three other neighbours (Door 30,32,34,36), and we all have the right of way through the alleyway, which is approx.., 11.5ft/3.5metre wide. The alleyway is not used by any of us on the daily basis.  Title plan shows that behind the fence, each of us owns a plot of land/alleyway.  At the end of the alley, our neighbour door no.36 demolished his shed/garage and moved his garden fences all the way to the end and closed his bit of alleyway (he has no alleyway left behind his fence). The rest of us (no 30,32,34) want to extend our gardens and take a portion of the alleyway (which we own) while leaving a smaller / more access (approx..,3.3ft/1metre) this should not affect/ or block no 36 right of way.  However, no.36 disagrees with this without providing a reason. Since we own the land, are we permitted to extend our garden boundaries without the consent of our neighbours, so long as we leave the alleyway accessible (approx.., 3.3ft/1m)? What is the best way to approach it?

Schwarzwald

Floor plan would help at least I cant visualize it

p00hsticks

IUrban said:

We reside in a mid-terrace house with three other neighbours (Door 30,32,34,36), and we all have the right of way through the alleyway, 

Does it specify exactly what sort of right of way ?
leaving just a just 1m wide path might be alright if it is restricted to pedestrian access only , but the existng 3.5m width suggests that the ROW might also extend to some sort of vehicles (motor or otherwise) 

IUrban

Title Plans.

Section62

p00hsticks said:

IUrban said:

We reside in a mid-terrace house with three other neighbours (Door 30,32,34,36), and we all have the right of way through the alleyway, 

Does it specify exactly what sort of right of way ?
leaving just a just 1m wide path might be alright if it is restricted to pedestrian access only , but the existng 3.5m width suggests that the ROW might also extend to some sort of vehicles (motor or otherwise) 

This^

The starting point is to find out exactly what right exists - not just type of access (on foot/vehicle) but also whether it includes carrying things.  If the access is 3.5m wide the neighbour could carry a 3.4m long pole sideways along the alley if they chose to do so.

Being able to reduce the width down to (say) 1m would require that there is no vehicular access, that the position of the RoW is not defined, and there is no specific right to use the RoW carrying things.

If, as is common, the RoW is defined with the aid of a plan showing a width of ~3.5m shaded a different colour then the answer is almost certainly "no", unless the neighbour(s) can be persuaded (e.g. an offer of cash)

Equally, do you have rights to use the area the neighbour at 36 has now enclosed?

UnderOffer

So what does no.36 cite as the issue? The fact that they don’t want a 1 metre approach/access to there fence? Does their fence where they extended to at the end of alley contain a gate for rear access for them? 

IUrban

More info

IUrban

UnderOffer said:

So what does no.36 cite as the issue? The fact that they don’t want a 1 metre approach/access to there fence? Does their fence where they extended to at the end of alley contain a gate for rear access for them? 

They installed new gates at the back when they extended the garden, so if we would move our fences he would need to move/or remove the gates the gates because we would block it

IUrban

We are more than willing to keep the alleyway accessible so that my neighbour can use it. However, since that land is not in use and no one wants to maintain it, the rest of us came up with the idea to convert a portion of the land we own into a garden.

IUrban

UnderOffer said:

So what does no.36 cite as the issue? The fact that they don’t want a 1 metre approach/access to there fence? Does their fence where they extended to at the end of alley contain a gate for rear access for them? 

Yes they installed new gates right next to our one, so if we want to extend our fences he would need to move back gates by approx. 2-2.5 m

[Deleted User]

Section62 said:

Equally, do you have rights to use the area the neighbour at 36 has now enclosed?

Yes, even if the alleyway ends after number 36, and some might perceive that they would gain no particular benefit by being able to access the area now enclosed by number 36, because you dont need to go that far down the alley to access numbers 30, 32 and 34, they may in any case have the right to use that area, and this would be leverege over number 36.