Mid-Terraced Ex-Council House - "Shared" Passageway

Jerry_Cornelius

https://forums.moneysavingexpert.com/discussion/comment/82100113#Comment_82100113

The third pic in that screenshot is the neighbours Title Plan (which I got from GOV site this week) - as you can see the passageway is excluded … as for the Title Register of their property I also obtained it only has the following:

Jerry_Cornelius

https://forums.moneysavingexpert.com/discussion/comment/82101147#Comment_82101147

As User1977 pic shows, that is how our passageway is. As for external, it looks like we are both half and half over the top of the passage.

WIAWSNB

Blimey, I didn't expect that.

Can you confirm, please - the decorative bricks and the contrasting fascia colours do match the location of the interior party wall? If so, that is weird doesn't appear to reflect the deeds maps, afaIcs.

And in your previous post, that is everything your neighb's deeds says regarding covenants and easements and rights?

silvercar

that’s exactly how I expected it to be. The houses were built so that they all had the same size bedrooms upstairs, so both the neighbours have half the area above the passageway to give equal footprint for the upstairs.

It may be that the neighbours think the passageway is equally owned, particularly as they were unlikely to have downloaded neighbour’s deeds. And so think it not unreasonable to attach things to their outside wall. They won’t have realised that they don’t own the rights to the area between the mid line and their property wall.

Either live with it, or tell them. If it is becoming an obstruction then you need to tell them, as gently as you can.

Section62

Is it correct that yours was first privately purchased from the council in 1995, and the neighbour's in 1986?

You need to find out exactly what article 2 above means by "the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed" - which means getting hold of a full-text copy of the 1986 deed. Don't assume these will be a mirror-copy of yours, since the properties appear to have been sold at different times. AFAIK you should be able to apply to Land Registry for a full copy to be sent to you by post.

When councils sold RTB properties it wasn't uncommon for them to reserve more rights for the properties they were keeping than those granted to the ones they were selling. So, for example, it wouldn't be unusual for the council to keep the whole of the passageway in their ownership, whilst granting the neighbour the right to use it (in the 1986 sale).

You need to see the full text of the 1986 deed, because without that you cannot rule out the possibility the neighbour is allowed to store stuff in the passageway and/or attach things to his wall.

Jerry_Cornelius

Yes, the upstairs interior wall is midpoint above the passageway.

There is another bit in the Registry under the Charges section about a Conveyance (dated 1986) made between the Borough Council and a named person (whom I assume was in my neighbours house at that time) which states "… contains restrictive covenants" and refers to a FILED doc which i dont have.

Jerry_Cornelius

https://forums.moneysavingexpert.com/discussion/comment/82101369#Comment_82101369

As far as i am aware, yes. When I was moving the solicitor sent me the 1995 info as part of the Searches, and that details the purchase by the people from the council, so guess will have to apply to the Land Registry for the other one as you suggest.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82101365#Comment_82101365

How does it work that, according to their deeds map, the neighbour's boundary and curtilage does not include their bit of bedroom over the passageway?

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/82101520#Comment_82101520

Exactly what I was thinking, and the reason I asked the question about what was above the alleyway in the first place.

According to the title deeds posted, the OP appears to be the owner of a part of the neighbours upstairs bedroom !

Section62

https://forums.moneysavingexpert.com/discussion/comment/82101520#Comment_82101520

See "Flying freehold"

As for the title plan, it is probably showing the ownership correctly at ground level (the 'land'). It is possible when the first property was sold in 1985 that the council don't consider it necessary to formally record a flying freehold because the flying was over their own property, and of no great consequence.