Alleyway query

Cassidy81101

I live in a terraced house on the land registry there is a red outline that starts from the beginning of my property to the end of my garage my question is the alleyway in the middle is included within the red line can I extend my garden out

Browntoa

Alleyways normally have "right of way" to other properties 

Albermarle

Cassidy81101 said:

I live in a terraced house on the land registry there is a red outline that starts from the beginning of my property to the end of my garage my question is the alleyway in the middle is included within the red line can I extend my garden out

Better to post an actual plan of the property including the red line.

propertyrental

Albermarle said:

Cassidy81101 said:

I live in a terraced house on the land registry there is a red outline that starts from the beginning of my property to the end of my garage my question is the alleyway in the middle is included within the red line can I extend my garden out

Better to post an actual plan of the property including the red line.

and include the relevant wording within the Title too eg anything relating to ROW.

Cassidy81101

This is how it shows on the land registry 

bobster2

Not sure which part is the alleyway but you need to check your deeds. You may own the land which the alleyway passes over - but you may have an obligation to leave it unobstructed - i.e. there may be a right of way across it.

Cassidy81101

There is no mention of easement or row on the deeds 

Section62

Cassidy81101 said:

There is no mention of easement or row on the deeds 

What about your neighbour's deeds?

How would the neighbours react if you blocked it off?  Do they ever use it?  Do you get on well with them?

Dustyevsky

Cassidy81101 said:

There is no mention of easement or row on the deeds 

What about other people's deeds? Just because yours are silent on this, it doesn't mean theirs are. Then again, if the alleyway has existed for more than 20 years and people have used it for access, they may well have created a right to use it by prescription.

Bigphil1474

The plan looks like a house with a road or track to the bottom end, then further garden belonging to the house. I would guess you own all the land but have requirement to retain access across the road. We have a similar path along our back garden although nobody ever uses it as there's no need. Only wide enough for a person not a vehicle. We have a gate on either side we put in 20 years ago and neither have never been opened. If it's not suitable for vehicles, I'd be inclined to extend your garden but leave access points just in case. If it's suitable for vehicles, I wouldn't.

Dustyevsky

Bigphil1474 said:

 If it's not suitable for vehicles, I'd be inclined to extend your garden but leave access points just in case. If it's suitable for vehicles, I wouldn't.

Rights of way for foot traffic are important too. There was a thread on another forum a day or two ago, where a new neighbour had decided to use the rear access when previous occupants had "...respected privacy and even taken logs through their house," rather than use the indignant poster's garden. More fool them!

Just because an access right isn't used for a time, doesn't mean it ceases to exist, though we don't know the legal situation here.