Right of way / Right of access across garden

summerfluff

Hi, Hoping someone can help me please. I'm in England.

Where can I find out if my neighbour has a right of access across my garden and what the access allows?

I live in a row of ten victorian terraces and I am number 5 from left to right with an alleyway down the right hand side of the house which gives access to the top of my garden and the garden of number 6 has the same on their side. We have new neighbours at number 4 who have started using our garden to gain access to the shared alleyway (there is a gate between the gardens)

We have looked at our title plan and it states that our land (highlighted in pink) has the benefit of a right of way over the passageway between us and number 6. It also says number 6 has the benefit. It does not state that number 4 has this right and number 4 is not highlighted in pink. 

We have also looked at the conveyancing report from our solicitors which states that we have access to the shared alleyway as do number 6. It also states that we and number 6 are responsible for any repairs/maintenance of this shared alleyway. I don't know who owns it, it doesn't say. 

We can't see any markings for a right of access on any deeds or mention of it anywhere. There is also nothing in the deeds of 1-3 that mentions any right of access (although they all have gates)

However on number 4's title plan which we got from the land registry it does state that it has the benefit of the following rights granted by the conveyance of the land in this title dated May 1935 made between X and X and follows with a quote stating "together with a right of way in common with others entitled thereto over the passageway between 5 and 6"

So I guess what I need to know is:

How can I find out which title register is correct since number 4 is the only house that mentions it?

Do I need to pull the 1935 title to see what this quote is actually referring and if so how do I do that? 

For context we have been here for ten years and the new neighbours a month. I understand that if there is a row there's not a lot i can do but I'd like to make sure there definitely is one first. Thanks in advance.

lincroft1710

Looks like there is a ROW that has been established for 90 years and the presence of a gate in the fence between Nos 4 and 5 would be evidence it was still capable of being used. Quite possible your title deeds were never amended.

grumpy_codger

summerfluff said:

...

However on number 4's title plan which we got from the land registry it does state that it has the benefit of the following rights granted by the conveyance of the land in this title dated May 1935 made between X and X and follows with a quote stating "together with a right of way in common with others entitled thereto over the passageway between 5 and 6"

...

I'm no expert, but I don't see how "right of way over the passageway" means right of way over your garden. Does it say anythings about the garden?

newsgroupmonkey_

I can't see a drawing. Am I alone?

grumpy_codger

Newbies aren't allowed to post images.

Marky4040

"How can I find out which title register is correct since number 4 is the only house that mentions it?

Do I need to pull the 1935 title to see what this quote is actually referring and if so how do I do that?"

The land registry is likely the only place this infomation exists.

What you've described is how my parents street is set up, the only way to access the rear alley for all the houses is to use a shared alleyway between two houses but there are eight houses in the row. 

When you say "across my garden" do you mean left to right or top to bottom in a straight line which just follows the direction of the alley between the two houses?

If the path to the rear shared alley is simply a continuation of the direction you need to walk in, then there was likley a path there in the past which has simply been incorporated into your existing garden, but this does not remove the right of access as you have found out.

A rear shared alley requires some sort of access. It's simply the way your houses were originally built.

Runner_Duck

In the 1980s I lived in a road of purpose built maisonettes which all had back gardens. Every 10 or so properties there was a passageway running through to the back gardens so we all had a right of access that went through all the gardens to get to that passageway.  In those days all the rubbish bins were kept in the back gardens and the dustbin men would go around the back to get to the bins to empty them.  This access was close to the back wall of the maisonettes , you could not stray across the other peoples garden and we all had to keep gates on our fences to allow this access.  Useful for getting rid of garden rubbish so you did not have to haul it through the properties.

Bookworm225

Marky4040 said:

"How can I find out which title register is correct since number 4 is the only house that mentions it?

Do I need to pull the 1935 title to see what this quote is actually referring and if so how do I do that?"

The land registry is likely the only place this infomation exists.

debateable

perhaps @land_registry official rep on here may comment?
As I understand it, LR has not seen the paper deeds of every property and therefore may not have ever had all the deeds for a property from the 1930's. Thus it is possible they have no record of RoW in respect of some of the properties in the row unless the respective conveyancers passed copies to LR at the date of the last sale of each property in that row. For example, LR do not have the full deeds to my property, only the title record that I own it. 

I agree with you however that one would expect a RoW across intervening gardens given existence of gates between properties and a "common" passageway. There may however be written restrictions on when that access can be used, only the (paper) deeds can confirm. The only way to "extinguish" such a RoW would be to show it has not been sued for X years, patently impossible given the neighbour is actually using it. 

Land_Registry

Bookworm225 said:

Marky4040 said:

"How can I find out which title register is correct since number 4 is the only house that mentions it?

Do I need to pull the 1935 title to see what this quote is actually referring and if so how do I do that?"

The land registry is likely the only place this infomation exists.

debateable

perhaps @land_registry official rep on here may comment?
As I understand it, LR has not seen the paper deeds of every property and therefore may not have ever had all the deeds for a property from the 1930's. Thus it is possible they have no record of RoW in respect of some of the properties in the row unless the respective conveyancers passed copies to LR at the date of the last sale of each property in that row. For example, LR do not have the full deeds to my property, only the title record that I own it. 

I agree with you however that one would expect a RoW across intervening gardens given existence of gates between properties and a "common" passageway. There may however be written restrictions on when that access can be used, only the (paper) deeds can confirm. The only way to "extinguish" such a RoW would be to show it has not been sued for X years, patently impossible given the neighbour is actually using it. 

A few things that may assist you in your deliberations and which may also avoid a row with neighbours.
Victorian housing would invariably involve such scenarios with terraces built and passageways to side and rear to enable access to and from the rear of each property
Registration for each property would occur over time and easements (rights) that were granted/reserved then added to a title on first registration as appropriate - what that means is as per the application for first registration as that included the deeds/documents to prove title and which were then used to create the new register
Registration is likely a giant jigsaw puzzle added to over long periods of time as each property is registered. Each register is created based on their own deeds and where rights are granted/reserved these have to be examined to see if validly granted/reserved. That may mean checking an adjoining title to see if same/similar rights exist but in many cases of course that part of the jigsaw is missing as the neighbour's property hasn't yet been registered.
Roll forward to now and you can have scenarios such as those you have explained as the whilst the registration jigsaw is complete the rights may not always be a perfect match 
Registered titles aren't amended/updated to include 'extra' rights to those being applied for unless an application is made to do so. It's for applicants to prove such rights exist and that may rely on old deeds, a neighbouring title that already refers or a claimed right through regular and continuous use over 20+ years
Rights can be 'extinguished' although 'not being used' alone is rarely sufficient. There neds to be a clear indication that the right is no longer needed/being used such as blocking up the entrance/removing the gate completely
Our PGs 52 and 62 explain matters in more detail as required - Land registration: Practice guides - GOV.UK

From the OP's perspective they are right to check the adjoining titles to see what rights have been registered as whilst their title might be silent re a specific right a neighbour's may not be and both have to be taken into consideration. 
There's no 1935 title to pull and it's the current registered information you should be relying on. Plus any 'local' knowledge re who has done what and why and when especially if it appears to conflict with the registered information - have a look back at what your seller's told you at the time of your purchase as well in case they mention anything 'extra' that sheds light on matters as well
And then it's a case of seeking legal advice for options/legal certainty and/or sharing information/understanding with your neighbours with a clear mind as to what you want to achieve and whether that's possible.
It can be similar to trying to decide/agree upon who maintains which fence - best sorted in a neighbourly fashion if you possibly can to avoid rows/costs and if an application is needed to update a registered title or a new deed of grant is needed do speak to your legal rep and refer to PG 62 for guidance/help