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Comments
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Do the new neighbours own or rent?
If they are owners they should have raised this point with their solicitor to check. If they didn't tough lock the gate.
If they rent I have some sympathy to them I can see why they think they have a ROW as there is a door there and they wouldn't have had anyone to check with (they may have asked the agent, who may have lied but thats not your problem - they need to take it up with agent/landlord). Still they can't trespass and along with locking the gate I would be writing to the agent/landlord to explain the situation.0 -
PasturesNew wrote: »
People need to learn that they can't just help themselves to the land of others because they think they should be able to... for whatever warped thinking they possess. Many people are simply too thick to ever read their deeds/covenants, restrictions etc and understand them ... and they just assume stuff.
Not so much "warped thinking" Pastures - more that some people tell themselves that something is theirs just because they want it to be so. It's illogical thinking to do so - but there's a heck of a lot of that about:cool:
Some people do ignore the fact that "if it aint written down as yours = it aint yours" basically. Others know very well that "desired object" isnt theirs - but are hoping you don't know that and/or can be intimidated into letting them have things that aren't theirs by rights.0 -
They own their property, not rent.
To be clear, I am the joint freeholder of the land, I also have a back door onto the yard and even I do not have a right of way. I am quite certain of this as I asked my solicitor to check when I bought the flat, and I have seen all the relevant documents pertaining to our own shared property I don't walk through her yard myself, despite having her permission, because I am not a !!!!, and I respect her privacy.
I'm just trying to help the lady out as she is very distressed about people trespassing, and wandering past her open back door. They are also littering and leaving things lying around her yard, both of which are certainly illegal whether they have a right of way or not.0 -
You can lock the gate but it does seem like you may have trouble with the litter
They can stand on their step not trespassing and still throw litter onto the yard, you will have to see what happens when access is blocked.0 -
I'm just trying to help the lady out as she is very distressed about people trespassing, and wandering past her open back door. They are also littering and leaving things lying around her yard, both of which are certainly illegal whether they have a right of way or not.
Most likely blown by the wind.0 -
They own their property, not rent.
To be clear, I am the joint freeholder of the land, I also have a back door onto the yard and even I do not have a right of way. I am quite certain of this as I asked my solicitor to check when I bought the flat, and I have seen all the relevant documents pertaining to our own shared property I don't walk through her yard myself, despite having her permission, because I am not a !!!!, and I respect her privacy.
I'm just trying to help the lady out as she is very distressed about people trespassing, and wandering past her open back door. They are also littering and leaving things lying around her yard, both of which are certainly illegal whether they have a right of way or not.
Sorry, I’m confused now as this doesn’t seem to match the original post. Who is this lady? Why do you not have a ‘ROW’ on what you referred to as your own private property? Why would you need one?0 -
Can you give us an idea of how long the current layout has existed? It seems improbable that doors would have been built leading into the yard without all the parties at the time accepting that there would be some of right to use the doors, I doubt there's going to be much point trying to argue the contrary. Whether there is any restriction on how far the residents can stray and whether they can use the gate is a different question.The house is a terrace, their house has never been part of ours, they just have a back door into our yard, it isn't clear why. We have the full title to our property, it makes no mention of any rights of way. We only have the main extracts for their register But we have asked that if they wish to continue using it, they prove that they have a right of way, they have so far not been able to do so. If they have an easement, they have not produced it, but simply continue to trespass.
If they can prove it, we will of course comply with the law.
As far as the 20 years issue goes, the house was rented to multiple occupants. far too many to track down, over many years. None of whom used the back yard without permission in any regular or continuous fashion. This is why we want to act now, as the new owners have suddenly decided to help themselves to our yard, and we want to make sure no right of way is established.0 -
Red squirrel, both owners in this building share the freehold, myself and the person upstairs . She has the lease on the yard, it's her property. Between the two of us we are attempting to prevent people next door, who do not own or lease the land from trespassing.
I'm involved because I own the other flat and I'm the joint freeholder of the yard. Neither her nor I wish to have people from next door wandering through the yard.
I don't have ROW because when our house was split up, into upstairs and downstairs that's what was agreed. I don't want or need ROW and neither do they.
David, 40 years at least. There's no mention of any rights of way in our deeds, and this is the first time it has been challenged. They have a back door to the yard, but no need to use it as their front door opens onto the same road, just round a corner.0 -
Red squirrel, both owners in this building share the freehold, myself and the person upstairs . She has the lease on the yard, it's her property. Between the two of us we are attempting to prevent people next door, who do not own or lease the land from trespassing.
I'm involved because I own the other flat and I'm the joint freeholder of the yard. Neither her nor I wish to have people from next door wandering through the yard.
I don't have ROW because when our house was split up, into upstairs and downstairs that's what was agreed. I don't want or need ROW and neither do they.
David, 40 years at least. There's no mention of any rights of way in our deeds, and this is the first time it has been challenged. They have a back door to the yard, but no need to use it as their front door opens onto the same road, just round a corner.
So there are at least three people with doors onto this yard? Are there any more?
Is it not in fact communal space?0 -
I don't think any of us will ever understand the situation until the OP posts a drawing or satellite image of this yard.0
This discussion has been closed.
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