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access into my garden anyone know what it all means

(11 Posts)
feb14mum Tue 16-Jun-15 16:03:51

we've just bought our first house and to have access into our garden and next doors are gates that goto a alley way directly opposite us is two houses who have the same alleyway to use but as it's different roads their is a main gate to this alley it only states the house numbers opposite us and not me or my neighbour.

anyway we've gone to use our gate and this Lady behinds us states were not allowed to use alley it's only for the 3 houses numbered on the gate.

The neighbour next door to me had the same matter a few years ago opposite them he tried to extend his garden saying it was his land he can do what he wanted so our neighbour took them to court to prove it weren't theirs and won. (were going to ask them for copy of their paperwork)
looking at all our paperwork today and confirming It with our solicitor it clearly states there is no registered right of way. so legally no one owns it but no one really can debate us using It. is that correct to what their saying.

it's only going to be used for husband taking his push bike to work every day so it doesn't have to come through the house

LadyMercy Tue 16-Jun-15 16:30:51

If there is 'no right of way' this may mean there is no public right of way and/or that you have no right of way.

The neighbours opposite you may own the alley i.e it could be their private drive and the previous resident in your house just put a gate in the fence.

lougle Tue 16-Jun-15 17:18:10

'No registered right of way' doesn't mean 'Nobody owns this'. It means that the land owner does not need to let anyone else access the land.

You need to establish how you are meant to access your garden, who owns the alley way, etc.

I'm amazed that this wasn't all established before you bought your house!

LIZS Tue 16-Jun-15 17:44:11

You need to check whether there is any right if access over this land. It doesn't sound so but your predecessors may have established one, so check the responses to queries raised by your solicitor. Some will ask about the boundaries and access. Even access wouldn't entitle you to leave , say, a bin there, just use it to go to and fro.

Moreisnnogedag Tue 16-Jun-15 17:56:59

I'm surprised this didn't come up with your conveyancing solicitors - could you speak to them to see if they found out about it then?

firesidechat Tue 16-Jun-15 22:46:54

I assume you can access your garden from your own house via a back door and don't need to use the alley. Is that correct?

firesidechat Tue 16-Jun-15 22:48:51

Just seen the last sentence about your husband's bike. To be fair lots of back gardens can only be accessed via the house and people live with it quite happily. It's annoying, but no more than that.

feb14mum Tue 16-Jun-15 23:22:03

hi all. yes we can access our garden from our back door but if we wanted to bring building material and other things in we would have to go through the house or down the alley. I can't understand why everyone else uses it then if it's not theirs to use as our next door neighbour has confirmed it's no one's alley

as stated there is no registered right of way so none of the neighbours can really debate us using It.

We asked the one who confronted s would she minmind and she said yes because the gate will make a rattly noise. personally I don't see how on earth that will happen thoughangry

Methe Thu 18-Jun-15 20:14:09

Just use the alley there's nothing they can do to stop you.

LazyLouLou Sun 21-Jun-15 16:13:07

So, as your solicitor confirmed it is and 'unadopted' alleyway then there is no bar to your using it and Mrs Fussy can buy ear plugs.

Get the details, pop her a copy and tell her you will be using it... add your number to the gate...

Collaborate Mon 22-Jun-15 08:21:15

Someone owns it. So what you appear to have is one trespasser saying that someone else, you, shouldn't trespass as well?

I'm confused that you say another neighbour challenged a further neighbour fencing in some land (is this the alley? Your OP is v unclear). Only the landowner can challenge someone doing this.

Just because land is not registered doesn't mean to say that no one owns it. It will simply be unregistered land.

If someone tries to stop you using it you should ask them to provide evidence of ownership. If your previous owners used the alley in the past, find out how long for. They may have established a right of way by prescription (long user).

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