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private/ shared alleyway dispute

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Comments

  • doodling
    doodling Posts: 1,282 Forumite
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    Hi,

    There is very little chance of altering the current right of way unless everyone with a right is very keen to do so.

    Removing the right of way will not only require the owners of the houses to agree to it but, because it is a change to the deeds and a change to the value of the property then their mortgage companies, if they have one, will also need to agree as well.

    As others have noted, there is nothing stopping you removing your fence if you like so it looks like someone would drive across the end of your garden but I'm not sure that that would be an improvement for you.  Putting gates on the right of way might be possible but there is no requirement for anyone using the right of way to close them after they have passed through.
  • sheramber
    sheramber Posts: 22,751 Forumite
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    A legal deed would have to be drawn up at a cost.
  • lookstraightahead
    lookstraightahead Posts: 5,558 Forumite
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    edited 21 April 2023 at 8:22AM
    We were the middle of a terrace block with a right of way behind years ago, but right behind the houses, not at the back. We all got on really well but kept it all completely open as gates / plant pots etc were an obstruction for the older lady at the end.
    personally I think it's a lot of hassle to do what you're saying, but I also agree that no.36 maybe shouldn't have gates either? But my memory isn't brilliant 😂

  • penners324
    penners324 Posts: 3,521 Forumite
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    I'd say no. 36 has extended his garden beyond planning and the against the right of way access.

  • Section62
    Section62 Posts: 9,962 Forumite
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    I'd say no. 36 has extended his garden beyond planning and the against the right of way access.

    I don't think there is likely to be a planning issue, unless there was a requirement to maintain an off-street parking space, or the property is listed.  Judging by the general street layout it looks like the properties are of an age where neither of those are likely to apply.

    The RoW is only an issue for 36 if the neighbours have been given that right across the land.  From what the OP has posted so far it appears likely that no RoW exists for the neighbours over the land of 36 - although this might be worth checking in the deeds for 36.
  • sheramber
    sheramber Posts: 22,751 Forumite
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    Why would any of the other parties need access to land at no 36 as it doesn't lead to anywhere.
  • Section62
    Section62 Posts: 9,962 Forumite
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    sheramber said:
    Why would any of the other parties need access to land at no 36 as it doesn't lead to anywhere.
    Sometimes it is useful for one person with two cars (say number 34) to be able to pull onto the land further 'up' the RoW to allow another vehicle in/out of their property.  Otherwise both vehicles have to be driven 'down' the RoW to a point where they could pass each other.

    In this case it doesn't appear that right exists, but in other cases it can be useful.

  • The OP said that the neighbour demolished their shed/garage. Given how valuable parking is now, and it's only going to get more important in future, I can see why they would object to anything that stops them getting a car in there.
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