T W A U ... The Chase...from...
Film, Media & TV0 min ago
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For more on marking an answer as the "Best Answer", please visit our FAQ.Hmm, this is a complex one! I can't answer the question completely but I'll try and give you some pointers. Rights of Way are established over a long period of time and once established are associated with a parcel of land, not to an individual (you may know this). If you (or any of your neighbours along this row of houses) have an easement enabling you to pass or repass along this alleyway, it may be contained in your land title - assuming your land is registered at the Land Registry. Check there first - there would be wording tied to a plan that should the extent of the entitlement to access. If it isn't there, you may still have an easement - because under a principle known as Prescription you can acquire rights of access over private land after 40 years, and its fairly evident from the date you gave these houses are 100 years old. If you have the right then it it is probable that all the other dwellings have the same right.
You say the alleyway is privately owned but the owner is dead. That seems to imply that ownership of the alleyway is owned by one of the row of houses? If so, I don't see what interest (or right) the Council or anyway else has to demanding that those who have annexed land to their own land to remove the fence. The owner of the land would have to make such a demand. After 12 years (subject to conditions) of occupation, the annexed land would be lost by the original owner.
Answers: I don't know under what basis a THIRD PARTY can demand an individual ceases to occupy a piece of land. I don't see how you or any other owner can be taken to court. For what - illegal occupation of land? - such situations when they do occur on application by the OWNER of the land result in injunctions inforced by bailiffs to retrieve the land (example - removal of travellers from fields are dealt with this way). Sounds like kite-flying.
If a right of way existed before then it cannot be blocked. If it is a private right of way only for the residents then this is an easement obtained over many years use or it will be granted in the deeds if it was originally intended as an access and can be legally enforced. Only with the full agreement of all those involved can it be removed.
If it is a public right of way then it is a criminal offence to block it in the same way if you blocked a public road. The public are entitled to remove sufficient blockage to pass. Once a right of way always a right of way. You need to apply to your local magistrates to have the right of way stopped up or declared of no further use but this may not be easy if your neighbour is a rambler!
You can check with your local Rights of Way ofice with the County Council if this route is on the definitive map, even so, if it is not, then someone can make a claim as a Public Right of Way that can result in an inquiry.
It is worth trying to convince the neighbour of the benefits of keeping it unusable. Good luck.
We have alleygates in my area, and all residents have a key. if the council don't have plans for this scheme in your area, why not suggest to residents that they all club together to get a gate put at both ends of the alley and you all get a key. That way everyone can still walk down it and use it as normal, except they have to open and shut the gates.
The lady on the end could argue that she is entitled to access from either end! She would have to take you all to court to enforce that as a civil matter so you can tell the councillor to get lost. The problem might arise when you sell and a new owner also enforces his access rights. I believe you can apply to a land tribunal to get the covenants removed or modified.