November 24th, 2009 by admin
I am in the process of selling my house. A query has been risen with regards to an alleyway. Most of the houses in my road are Victorian (this is with the exception of my house and next door). Mine and next door were rebuilt with Council Planning Permission in 1987. An alleyway that runs in front of the houses stops at the one before mine. When mine and next door were rebuilt the gardens were extended and both have now lost the alleyway but have side entrances that run to the back to compensate. Land Registry still show the alley as continuing to mine and next door and then stopping. The Council Planning Dept show the alley as stopping at the one before mine. The alley is a public one but is really just for the house it affects. What’s the solution for this? In other words Land Registry and the Borough Council have conflicting information.
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That is very interesting question. I’m sorry I don’t know the answer but I’m gonna try and find out.
I’m afraid you need to get the local council to ensure that the land registry entry is ammended as its legally the land registry entry that matters!
this can and will stop the sale if a mortgage is needed until the land registry entry is corrected!
The council is at fault, (possibly).
Land Registry is definitive, what it shows is how it is legally. It was up to the council to revoke the public right of way and inform the Land Registry. That should have been part of the 1987 planning permission.
If the builders have just looked at the plans and said this is the easier more convenient way to do things, they won’t have had access to the borough public rights of way map or any interest. They will have just done the job.
Might not be possible to blame the council in retrospect if they weren’t originally asked. You would need retrospective planning permission to close that part of the public right of way, which should be a foregone conclusion, but they will no doubt charge you for the paper work :0(