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Posted Tue, 28 Oct 2025 13:13:27 GMT by Simon Kershaw
We own an end of terrace property (#13) and have a dispute with the neighbour who owns the alley in between our property and there property on the other side of the alley (#9), there property and the alley are on separate titles (assume the alley was meant to be #11 but never built.

Our title (and also our adjoining neighbour #15) have the same item in the property register.

"The land has the benefit of the rights granted by but is subject as mentioned in a Conveyance of the land in this title dated 26 November 1971 made between (1) REDACTED and REDACTED and (2) REDACTED in the following terms:- "TOGETHER with the right (in common with all other persons entitled thereto) to use the roadway on the North West side of the said property for all lawful and proper purposes to and from the rear of the said messuage or dwellinghouse into and out of Chester Street aforesaid (such roadway being coloured yellow on the said plan) but SUBJECT to all rights and easements now used and enjoyed over or in respect of the said property and in particular to such rights of way over the path at the rear thereof and coloured blue on the said plan as the owner and occupier of the adjoining dwellinghouse to the East known as Number 15 Chester Street aforesaid are now entitled to." NOTE: The part of the passageway coloured blue above referred to is that part of the passageway at the back included in the title."

But this mentioned anywhere in the title for the alley, so where do we stand, is the access there?
There is a note on the charges register for #9 that "The deeds and documents of title having been lost the land is subjects to such restrictive covenants as may have been imposed thereon before 30 Junes 2016 and are still subsisting and capable of being enforced"
this is not mentioned on the title for the alleyway.

question is where does this leave us, do we have a right of access?
Posted Tue, 28 Oct 2025 15:03:22 GMT by Adam Hookway
Simon - your title, from which you have set out the extract re the rights granted and reserved in the 1971 Conveyance plus a copy of the title plan, state that the title/property has a right to use the roadway on the North West side of the said property for all lawful and proper purposes to and from the rear of the said messuage or dwellinghouse into and out of Chester Street - that's the land between you and #9 and which is registered under title WK237257 and owned by the owners of #9
The note in the charges register of #9 is known as a protective entry made when a title/property is registered but the original deeds/documents, that prove title, have been lost or destroyed. The entry relates to restrictive covenants, not rights, so is not relevant in itself to the issue of rights of use for example. However the fact that the deeds/docs have been lost/destroyed helps to explain why perhaps no corresponding entry exists on the title for the land between you and #9 
It's not our role to explain how the law works re such matters or 'where it leaves you' re your dispute with the owner of #9 and I would recommend that you seek legal advice if you are in dispute with them
Our PG 62 explains more re rights (easements) Easements (PG62) - GOV.UK but it's the legal position you need assistance with here 

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