Adverse Possession : Land Subject To Private or Public Rights of Way – Application to close possessory title to alleyway between two properties. Both parties had an express right of way over the alleyway on foot only. The alleyway was unregistered land and paper owner was not known. Held that the Respondents had fully enclosed the alleyway with locked gates at either end for well over 12 years prior to their registration with possessory title. The alleyway had been incorporated fully into their garden and was used as a flower bed. The fact that the Respondents had an express right of way over the alleyway did not prevent them from acquiring title, but their title is subject to the Applicant’s right to use the alleyway.
 EWLandRA 2017 – 0108
England and Wales
Updated: 05 April 2022; Ref: scu.605820