Forum Topic

Gated Alleyways

I'm just wondering if anyone here can offer me any advice - I am asking on behalf of some elderly neighbours.On our road we have alleyways which lead to the back of our houses and give access to our garages.A man has moved in recently and had a lot of work done to his house, which is on the end of the row directly next to the alleyway.Without any warning at all, this man has erected a set of gates at least 8ft high across the alley, stopping any residents using the alleyway to get to the back of their houses.This man is now telling residents on each side of the alley that they must pay him every year for a copy of the key to enable them to access the alley and their garages.Is he allowed to do this? It seems ridiculous. The residents of the houses either side of him (4 to the left and 4 to the right) are mostly elderly and very intimidated by this man. One of the ladies who is more mobile than the rest but lives alone has been to the council about this, but they have said that there is nothing they can do. She has also spoken to the police who have said it is a civil matter and will not intervene. She has been told that she will have to instruct a solicitor, but none of them are able to afford this.Does anyone have any experience of this, or have any idea where we go from here?Many thanks for reading

Samantha Tubbritt ● 5234d16 Comments

The persons affected are welcome to contact me. I have voluntarily helped 4 industrialists in the research work done that enabled them to win their easement cases (right of parking) in Eastman Road (a private road) in W3 at the Central London County Court and I am currently assisting 5 families in Slough who are trying to have prescriptive rights of way used for several decades registered over farmland leading to their local Park (Upton Court Park).If there is a right of way, you must not let the obstruction go unchallenged for 1 year.Mere non-use of a right of way (perhaps there is an alternative route that may have been used for sometime) does not mean "abandonment".  But totally obstructing it (for instance building a shed across the former entrance to the alleyway) would indicate "abandonment".Victor Mishiku  19/1/12.vmfree@madasafish.com

Victor Mishiku ● 5220d

If residents have a legal right of way, they have a legal right to remove any obstruction in order to exercise that right. This crops up a lot in rural contexts, where landowners attempt to illegally prevent public use of footpaths and green roads across their land, by erecting fences and locked gates.The caveat is that you can't just turn up with tools in order to smash the obstacle because it annoys you, that could be criminal damage. But you can do the minimum necessary to remove an obstruction in order to USE the right of way. So don't use the boltcutters until you need to gain access to maintain your rear fence or something, and can prove that is your intent should police be called (eg by carrying a hammer/wood/nails/creosote etc). NB this isn't legal advice, etc, so don't rely on it. It is however a well known principle among walkers and trail riders etc. The fact that this is a private RoW (restricted to residents) instead of a public one does not make any difference, as far as I know: right of way means what it says.

Tony Sleep ● 5222d

Samantha,This is something one of your local councillors should be able to take up on behalf of your neighbours.  If you mail me the affected address and a contact person (if not you) I will get a councillor to contact you.  Phil

Phil Taylor ● 5224d

Said documents are available for anybody to download from the LR for a small fee BTW.

Tony Colliver ● 5227d

Surely the land Registry documents will clearly show the boundaries (which will have been drawn to his direct attention by his solicitor at the time of purchase, so no claim for ignorance can be admitted on his part).

Tony Colliver ● 5227d

I wouldn't be too sure...I wouldn't be at all surprised to see the Police decide that removing somebody else's padlock amounted to criminal damage.It annoys the hell out of me the apparently arbitrary way they decide what to intervene on and what not to intervene on.

Tony Colliver ● 5227d

from 14 January every other Saturday.

Barbara Karayi ● 5229d

OK thanks. Is it every weekend?

Amy Brookes ● 5229d

It's first come first served.  Take all documents which might be useful along with you, eg freehold docs for one of the properties with a right of access to the alleyway, or title documents (available and downloadable from the Land Registry for a small fee).

Barbara Karayi ● 5229d

How does that work?  Do you have to book or is it just turn up on the day?

Amy Brookes ● 5229d

There isn't a CAB in Ealing and the nearby ones will only deal with residents of those boroughs. Either find a local High St solicitor or come to the Community Advice Programme at the Lido centre, 63 Mattock Lane, Saturday 14 January from 11.30 to 1.30. there are solicitors who volunteer there and it's free (donations welcome and urgently needed)

Barbara Karayi ● 5229d

My parents experienced a similar, but not identical scenario.In cases like this, the access land is invariably 'owned' by one particular house, usually one at the end. BUT the others have a legal right of way.If the legal right of way is not exercised for many years, it lapses and the nominal owner gains unrestricted posession.In my parents case, this was a car access alley from a public road, along the boundary of the 'owner' and around to 2 further houses. He blocked it with parked/abandoned cars. We were on the ball and a solicitors letter persuaded him to move them. Had we not done so, after some time, admittedly several years, he could have simply enlarged his property.You can spend a very few pounds and get details from the land registry to see what your position is.It sounds to me as if he is blocking their legal right of access, but they must actively assert it, or he could get away with it and grab the land, as another poster suggested.A solicitors letter will cost a few hundred quid probably, but the loss in property value if they lose access to their garages and rear would be vastly more than that.

Mark Vale ● 5232d

SamanthaAs I understand it, the police will normally only deal with potential criminal matters and the council with breaches of local authority rules and regulations.As a previous poster implies, this issue is between the 8 or so households whose access has been restricted, so is a civil law matter.The original Freehold conditions set out in each of the Deeds to the properties will set out who is allowed to do what in this situation and possible "remedies" if anyone transgresses.I think the CAB is the best route to go down, although there's an outside chance that "The Leasehold Advisory Service" might be able to advise - www.lease-advice.orgTel: 020 7374 5380 Email: info@lease-advice.org.  It's worth giving them a call or getting your friends to do so.I live in a 1930s house in North Hanwell and my neighbour tells me that the driveways are owned by the original property developer and only they have the power to make any changes.  I've never seen the Deeds, so I can't confirm this.Do you think your friends will have access to a copy of their Deeds? - I'd guess that'll be the starting point of any route they decide to follow.Good luck!Phil

Phil Kay ● 5232d

I dont have any experience.  But Are these council alley gating?  I am the main key holder for the new erected alley gating in my road.  Yes I am the main key holder but if someone loses their key I have been instructed that they would have to pay for the cutting of the new key.  That is it.  He can NOT do this it is Private Property land which is owned by all the residents.  Is this person foreign by any chance and dont know the rules and regulations of the UK.  Once the council put these gates in the lead person of the street is in charge of isuing of keys and repairs, but they DO NOT OWN the land.  I think the CAB will happily take on the case

Dawn Campbell ● 5234d

Oh dear,I could feel my blood pressure rising as I read this.  No he can't do this and it needs nipping in the bud.  All the affected houses have a "right of access",both legally and historically.  Really they should club together and instruct a solicitor,(I realise that's not possible). So the next best thing would be a visit to the CAB,a letter from them "may" do the trick.  Exactly the same thing happened to my parents years ago,and at the root of it was basically an attempted  land grab,having locked off the alley the miscreant knocked down all of his fences and ended up with a nice big garden. I wonder if this is the case here?   Anyway,the residents did get a solicitor who put things right in short order,everything was re-instated as was at miscreants expense,some people are very cheeky aren't they?Good luck with it!!

Tony Wood ● 5234d

Assuming it's a padlock, remove his and put your own on there, issue keys to everyone?If the authorities can't/won't help you, they won't be able to help him?

Amy Brookes ● 5234d