private/ shared alleyway dispute

Section62

IUrban said:

Section62 said:

IUrban said:

Section62 said:

IUrban said:

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)?

It means you can drive over it (not park) to get access from your property to the road.

The neighbour(s) further along the passageway will probably have a similar plan showing the strip you own coloured in yellow as well.

IUrban

Section62 said:

IUrban said:

Section62 said:

IUrban said:

Section62 said:

IUrban said:

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)?

It means you can drive over it (not park) to get access from your property to the road.

The neighbour(s) further along the passageway will probably have a similar plan showing the strip you own coloured in yellow as well.

Makes sense what you are saying. From what I understand there is almost no way to make that space smaller/ gardens bigger unless we all agree with it . 

Sarahspangles

IUrban said:

Section62 said:

IUrban said:

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

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)?

The document you posted says says this is a "right of way with or without light private vehicles" which means that neighbours can get to their own rear boundary by walking, riding or driving over the land, but they can't park there, and nor can you obstruct their right of way by parking, even in your own bit.  The only person who can park on 'their bit' is the neighbour at the end because they don't obstruct anyone.

If the houses are pre-war then at one time the bins may have been emptied by the binmen going round the back, I can remember this from my childhood although it was unusual for a wagon to go through a covered passage. One family I knew had to move all their garden containers on bin day.  Really old terraced houses also had collections of 'night soil' from their outside toilets which were at the end of the garden, in some kind of barrow.  

RAS

I'd check Mr 36's deeds. It may well be that they aren't entitled to enclose the end of the alley way either.

Sarahspangles

IUrban said:

Section62 said:

IUrban said:

Section62 said:

IUrban said:

Section62 said:

IUrban said:

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)?

It means you can drive over it (not park) to get access from your property to the road.

The neighbour(s) further along the passageway will probably have a similar plan showing the strip you own coloured in yellow as well.

Makes sense what you are saying. From what I understand there is almost no way to make that space smaller/ gardens bigger unless we all agree with it . 

Yes, I think that's right.  And while it looks reasonable for most of you to extend your gardens, the guy at the end has something that may have value because he could get a small car or motorbike round to his back gate - and he's just paid for new gates which suggests he wants to do that.  If you all thought your houses would be worth more without an alley and with a bigger back garden you could buy him out.  But you'd need to get it properly recorded so you can rely on it when you sell your houses.

IUrban

RAS said:

I'd check Mr 36's deeds. It may well be that they aren't entitled to enclose the end of the alley way either.

Mr., 36 deeds below: let me know your thoughts 

Section62

IUrban said:

RAS said:

I'd check Mr 36's deeds. It may well be that they aren't entitled to enclose the end of the alley way either.

Mr., 36 deeds below: let me know your thoughts 

You'd need to check his plan to be sure, but if it follows the style of yours then he probably doesn't have to give anyone else access over his bit.

Your plan is only shaded between your boundary and the road.  As it isn't shaded on number 36's side it suggests you don't have RoW over that part of the passageway (unless there is something about that elsewhere).

theoretica

What you could do is have that bit as combined right of way and garden - but it would mean people going along that bit would feel 'in' your garden more than they do now.  My parents' garden, for instance, has a gate in the fence either side for the right of way along the terrace. 

MikeJXE

I know of a situation similar to that.

The right of way is wide enough for a car and in the situation I know, each resident has shortened their garden by a about 6 meters and park their car on it 

Maybe you could have a garage on it subject to planning permission 

That would increase the value of the property by more than 5 feet of garden 

housebuyer143

theoretica said:

What you could do is have that bit as combined right of way and garden - but it would mean people going along that bit would feel 'in' your garden more than they do now.  My parents' garden, for instance, has a gate in the fence either side for the right of way along the terrace. 

Yes, my mates old house had this. A gate was put through her garden and right of access was through it. She always felt uncomfortable because they could just appear in her garden and she couldn't leave the dogs out unattended.

It doesn't sell well either because no one wants their neighbours walking through their garden and then maybe leaving the gates open and the dog escapes.