Alleyway query

user1977

It would help to have some more context. In practice are we talking about a lane used by other people?

Cassidy81101

Initially cars could come down from the right but this has been blocked off by the end neighbour who has extended their garden and fenced everything off all the garages belonged to the house owners my next door have sold their garage to someone who has no regard for other people's property he brings his vehicles up everyday he has cameras on everywhere he's always drilling sawing gone past 9pm my child have ASC and he has no regard at all. My question is can I leave a footway as right of access as he will knock one of the children over one day he doesn't look and he drives up and down so fast the alleyway is muddy and I cannot even get to my garage or take my bin down because he has made the path so muddy and unwalkable

Section62

Cassidy81101 said:

Initially cars could come down from the right but this has been blocked off by the end neighbour who has extended their garden and fenced everything off all the garages belonged to the house owners my next door have sold their garage to someone who has no regard for other people's property he brings his vehicles up everyday he has cameras on everywhere he's always drilling sawing gone past 9pm my child have ASC and he has no regard at all. My question is can I leave a footway as right of access as he will knock one of the children over one day he doesn't look and he drives up and down so fast the alleyway is muddy and I cannot even get to my garage or take my bin down because he has made the path so muddy and unwalkable

Notwithstanding any other right he may have, if the garage owner cannot access it via a different route then he probably stands a good chance of successfully claiming an easement of necessity.

Does the garage have its own land registry record?  If so, you could start by checking that to see what access rights he was told he'd be getting.

Dustyevsky

Section62 said:

Cassidy81101 said:

Initially cars could come down from the right but this has been blocked off by the end neighbour who has extended their garden and fenced everything off all the garages belonged to the house owners my next door have sold their garage to someone who has no regard for other people's property he brings his vehicles up everyday he has cameras on everywhere he's always drilling sawing gone past 9pm my child have ASC and he has no regard at all. My question is can I leave a footway as right of access as he will knock one of the children over one day he doesn't look and he drives up and down so fast the alleyway is muddy and I cannot even get to my garage or take my bin down because he has made the path so muddy and unwalkable

 If the right to drive along this alley is established, there is still nothing stopping you from improving the section on your land, by replacing the mud with hardcore and chippings. Then you could use it, irrespective of what the car owner does.

In the case of vehicular rights of way, either the person with the right, or the landowner, may decide to make an inadequate surface suitable for usage. However, neither has the right to demand payment for any works undertaken, unless there is a maintenance clause in the deeds.

eddddy

If your part of the alley has got muddy, it's probably up to you to make it good.

If you make it good, maybe you can incorporate some kind of speed bumps or similar - to make drivers slow down on your part of the alley.