• Alleyway

    By Guest on 10th Sep 2020

    My house was built in 1931 and is a midterrace consisting of four houses and there are four of these mid terrace blocks next to each other. The original conveyance has a picture of an alleyway running along the back of all the houses leading to a road either side. Over time this alleway has narrowed and most gardens now just back onto the neighbours back gardens from the other road. The land registry from 1986 now only shows an alleyway for the first 2 houses near me and the rest are just gardens backing onto other gardens. Is the land registry correct or the original conveyance. I was looking to build an out building down the back of my garden but don't want to build if part of the land is a right of way alleyway. I was told as long as land has been used as in this case part of my garden for over 12 years then it can be treated as my land.

  • 1 Answers

    By NotaryExpress on 11/09/2020

    The title deeds are technically correct. However, there could have been a transfer of part or application for adverse possession not shown in your paper deeds but registered at the Land Registry which changed the position. The Land Registry guarantees that it is correct, which means that if the Land Registry is wrong you may have a right to claim against the Registry. You may wish to enquire with Land Registry and show them your deeds and ask if they need to correct the register, but that would not be advised because if they decided to correct the register they would essentially remove the land from your "ownership". If the land you want to build on is within the boundary edged red it is reasonably safe to build there though it can never be guaranteed if it did not form part of your original title but was taken by adverse possession. After 12 years of using the land as yours you can, in most cases, claim it under the adverse possession rules anyway. Another option to consider is an indemnity policy which provides financial protection in the event of a claim or loss of value. From what you describe a claim for the land back sounds unlikely but I am not aware of your particular circumstances. Ultimately I would advise that you instruct the relevant professional (conveyancing solicitor or notary) to look at the deeds and advise you further.

    www.notaryexpress.co.uk

  • Post Your Answer


  • Do you want to be informed of further comments / replies? Yes No

Ask a Question

Search