Hi Adam
Thank you very much for this and for taking the time and trouble to write such a helpful reply.
For your info (hoping you're having a quiet afternoon), my law degree was in the distant past, so I did also run this past our lawyer. All our neighbours in Vicarage Gardens apparently have this right of way in their leases but even though I have some very ancient versions of ours, freehold and leasehold, none far enough back to find out who granted the right of way in the first place, so I assume the developer in 1901 allowed for this service alley (tradesmen's entrance?!) and put this mention in the lease, but not drafted in the most helpful way.
So, as we are all in agreement, I think we're going to go for it and put the b****y gate up and see what, if anything happens. It will make some of our neighbours feel safer, the alley has been in common use for years, the Council has no objection, and the Police are quite keen for us to do it.
The most important thing is that we have enquired and you have confirmed to me that the land is unregistered so I can report back.
Thank you again - we really do appreciate your helpful reply.
Best wishes
Ros