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Advice needed on blocked right of way

Hi all,

I was wanting a little advice on something please. We live in the middle house on a row of terraced houses and technically should have access round the back gardens by passing the path which runs through the properties. However, both sides are blocked, with one gate having a padlock on. :mad:

Correct me if I'm wrong, but is this not illegal?

I was wondering how I could get this sorted properly as we are thinking of moving and this would surely put prospective buyers off.

Thanks.:)
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Comments

  • So, the other gate doesn't have a lock? In which case, surely you have access?
  • Fire_Fox
    Fire_Fox Posts: 26,026
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    Go back and see your conveyancing solicitor, get them to write a letter to your neighbours reminding them of your right of way across your neighbours property. This might be as simple as your neighbours giving you a key to the gate, so it is still secure from intruders.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • lincroft1710
    lincroft1710 Posts: 17,543
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    edited 12 June 2010 at 2:17PM
    Over 50 yrs ago my parents bought an end terrace house in block of 4 which had footpath going up side of ours and other ET house and along the back of all 4 houses between the backyard and garden. However the other ET house had put fence panel across the path where it passed their property at rear and a gate at front. As the owners of other 3 houses did not complain or make representations, that that part of footpath became incorporated into their garden and remains so to this day.

    BTW "technically" is not a legal term, you can have a right of access which is recorded in the deeds of the house, a written or verbal agreement with next door or no right of access
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Fire_Fox wrote: »
    Go back and see your conveyancing solicitor, get them to write a letter to your neighbours reminding them of your right of way across your neighbours property. This might be as simple as your neighbours giving you a key to the gate, so it is still secure from intruders.

    Or, maybe, just speaking direct to your neighbour may be less confrontational, and quicker, and cheaper, and easier, and just more sensible.
  • KS1977
    KS1977 Posts: 66 Forumite
    Thank you folks.

    The word technically - just a figure of speech. At the end of the day, if we have a fire (god forbid) in the front of the house, the only option is to go to the back. To flee the garden would be very difficult as the gates are closed. (The other one ,sorry, is blocked). Father-in-law mentioned it a couple of months ago and the neighbours basically became very shirty about it. So talking to them is a no-no! Well, methinks I will try a different approach. Thanks again for your time :@)
  • PasturesNew
    PasturesNew Posts: 70,698
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    KS1977 wrote: »
    Thank you folks.

    The word technically - just a figure of speech. At the end of the day, if we have a fire (god forbid) in the front of the house, the only option is to go to the back. To flee the garden would be very difficult as the gates are closed. (The other one ,sorry, is blocked). Father-in-law mentioned it a couple of months ago and the neighbours basically became very shirty about it. So talking to them is a no-no! Well, methinks I will try a different approach. Thanks again for your time :@)
    Whilst this is one viewpoint, you need to separate fact from fiction.

    Many many houses are terraced with no right of way, they don't lie awake at night worrying in case there's a fire. Fiction.

    You have a right of way, which will show in the deeds. Fact

    Do you have a copy of the deeds, can you show them to the neighbours and explain your problem?
  • Wig
    Wig Posts: 14,139 Forumite
    If talking to them does not make them remove the blockage or give you a key to the padlock then you will have to get a solicitor to send them a letter saying that you have a right of access and this would include the bolt cutting of the padlock/ insistance on removal of blocking materials.

    P.S. You don't have to agree to a key, if you don't want it locked it shouldn't be locked.
  • tux900
    tux900 Posts: 410
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    Wig wrote: »
    this would include the bolt cutting of the padlock

    Doing so would likely be criminal damage.

    Mathew
  • girleight@
    girleight@ Posts: 213 Forumite
    Wouldn't a neighbourhood dispute put buyers off though?
  • elsien
    elsien Posts: 32,520
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    edited 12 June 2010 at 7:10PM
    I don't know what the legal position is, although I suspect it may be a civil matter and would be quite expensive if you did have to go down that route.
    Whether or not it would put off prospective buyers would depend a little on where you live, I think. I live in a similar house to yours. In my street most of the back alley is left open as it is a largely asian population who prefer to have two accessible entrances to the house. In the next street along which is more white owned, people seem to want privacy more and most of the houses have put up fences and gates to block access.
    (Massive generalisation I know, just my experience in my area.) You may find that some buyers prefer the security and privacy of the situation as it is now and don't want random people wandering up and down.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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