private/ shared alleyway dispute

Sarahspangles

Presumably it’s now too narrow for modern cars to pass, but the neighbour could still sell their house with rear access to a garage suitable for motorbikes?  Or for a mini digger in case of future building work. It’s reasonable for them to decline to do something that might reduce the value of their property.

IUrban

[Deleted User] said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Section62

IUrban said:

[Deleted User] said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

IUrban

Section62 said:

IUrban said:

[Deleted User] said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

Please see below

Section62

IUrban said:

Section62 said:

IUrban said:

brett19852010 said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

Please see below

On the basis of what you've posted, I think you have to leave a 10' strip (the yellow area) for the RoW, regardless of whether the neighbours currently use it.

You could only reduce this if all parties benefitting from the RoW agree to it being altered.

IUrban

Section62 said:

IUrban said:

Section62 said:

IUrban said:

brett19852010 said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

Please see below

On the basis of what you've posted, I think you have to leave a 10' strip (the yellow area) for the RoW, regardless of whether the neighbours currently use it.

You could only reduce this if all parties benefitting from the RoW agree to it being altered.

So technically, we can reduce it unless all neighbour agrees with it 

goater78

You originally say he rejected without providing a reason. Seems like it’s likely the gates are the reason. Can you all offer to contribute to pay for him moving the gates?

IUrban

IUrban said:

Section62 said:

IUrban said:

Section62 said:

IUrban said:

brett19852010 said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

Please see below

On the basis of what you've posted, I think you have to leave a 10' strip (the yellow area) for the RoW, regardless of whether the neighbours currently use it.

You could only reduce this if all parties benefitting from the RoW agree to it being altered.

So technically, we can reduce it unless all neighbour agrees with it 

the yellow area goes up to my garden , is that means that we might have a right to make the space smaller

IUrban

goater78 said:

You originally say he rejected without providing a reason. Seems like it’s likely the gates are the reason. Can you all offer to contribute to pay for him moving the gates?

Not as easy as you might think, before he installed we asked why gates so close to ours and make he could installed a bit father, but there was no open communication regarding this 

IUrban

Section62 said:

IUrban said:

Section62 said:

IUrban said:

brett19852010 said:

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.

We are more than happy 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, we thought its the best to use part of it as a garden, but we just dont want to do something that might be illegal or against our or our neighbour rights

Have you got a copy of the plan which shows the yellow area?  This is the key document here.

Please see below

On the basis of what you've posted, I think you have to leave a 10' strip (the yellow area) for the RoW, regardless of whether the neighbours currently use it.

You could only reduce this if all parties benefitting from the RoW agree to it being altered.

What I don't understand, yellow marking, is it means that vehicles can go up to that point (I mean they can only stay parked in yellow bit)?