Are we entitled to still use entry/passageway.

PasturesNew

This was very common in older houses.

I'd imagine that it is in your deeds when you get your hands on them and the newer owners are simply not au fait with their own deeds.

If you have a right of way over land then it isn't really their land at all. Really they own land either side of that walkway. And this is something they chose to do when they bought. They can't change the rules, no matter how much they want things to be different.

I'd imagine a copy of your deeds shown to them will sort this out.

Good luck.

snodgrass

Sorry for not getting back sooner,been busy.We have got intouch with our local county councilor,and he is looking into things for us.We told him our situation,the honest one(not like "missile" is trying to imply,we are not the trouble makers).We said we have been here just over 20 years and he said leave it with me,he will be intouch in a day or so.Also,whilst we have been doing the garden today,we noticed that the new neighbours ARE in the process of putting a lock on it as they said they would.My mother was going to go up to them,all guns blazing,but i told her to leave it,and wait till we have our deeds(hopefully tomorrow)and not say anything to them.Then when our deeds arrive,we will say"right,here are our deeds,read the small print,there it is ROW,now you have looked at ours,lets have a read of yours.


This is what else they intend to do,and we are going to keep phoning the planning office up every week to see when they put the planning permission in...

http://forums.moneysavingexpert.com/showthread.html?t=1171155

Captain_Mainwaring_2

What are you messing around waiting for the deeds for? Download your deeds and the neighbours, you've been given the link.
I cannot understand why you think that a County Councilor will be able to help - its a strictly civil matter, the council don't own the land, and frankly they have absolutely no business getting involved (and wasting public resources).

If you have an easement noted then a photocopy of your and the neighbours deeds with the section highlighted should soon clear up the matter, unless of course they still refuse to honour it, then a trip to the lawyer after a warning letter about costs should sort the matter. If however you only have an easement because of continuous use then 100% you need to see the lawyer.

border_collie

Captain_Mainwaring wrote: »

What are you messing around waiting for the deeds for? Download your deeds and the neighbours, you've been given the link.
I cannot understand why you think that a County Councilor will be able to help - its a strictly civil matter, the council don't own the land, and frankly they have absolutely no business getting involved (and wasting public resources).

If you have an easement noted then a photocopy of your and the neighbours deeds with the section highlighted should soon clear up the matter, unless of course they still refuse to honour it, then a trip to the lawyer after a warning letter about costs should sort the matter. If however you only have an easement because of continuous use then 100% you need to see the lawyer.

I agree with this 100%. You have to get shaping or you will be in a very bad position.

snodgrass

We had our house deeds arrive yesterday,and WE HAVE got a ROW to passage,so have house numbers 4-14,it is classed as communal.
So we are going to a solicitor tomorrow and asking them to draw up a letter stating the fact,and that at no time must access to this ROW be blocked,obstructed or impeded in anyway,or we will take matters further.

poppysarah

You should also speak to the other neighbours. Perhaps they'll contribute towards the cost of the letter?

Chris2685

Sounds like you got a good result for yourself! Kind of feel sorry for your neighbours though, buying into something without realising. I guess it is their own fault for not looking into it themselves.

pawpurrs

Im sure they are aware and are just seeing if they can bully you out of using it.
It would have been on their deeds. Their soliceter should have made them aware of it at the time. Also if there is a gate its normally fairly obvious if there is a right of way.

Premier_2

snodgrass wrote: »

We had our house deeds arrive yesterday,and WE HAVE got a ROW to passage,so have house numbers 4-14,it is classed as communal.
So we are going to a solicitor tomorrow and asking them to draw up a letter stating the fact,and that at no time must access to this ROW be blocked,obstructed or impeded in anyway,or we will take matters further.

Yey, excellent! :j

I think you were also saying that your neighbour might be planning on building over this existing RoW? If so, you should mention that to your solicitor too. As you were advised, they would probably be able to as long as they provide a reasonable alternative, but worth getting your solicitors advice on it now whilst you have a good opportunity.

mlz1413

Excellent news that you do have written proof of ROW.

I used to live in a terrace where the ROW ran across the backs of the house, so you had no privacy in the garden. Now I live in a very similar terrace but ALL the paths run from a middle alleyway to the end of the gardens and then across the back - this means all the gardens are private and lockable without restricting access for the wheelie bins, it is a much better system.

As your new neighbours are the grand-daughter of an long term owner who has rented for a while maybe they have convinentaly (sp?) forgotton the ROW or maybe they simply haven't asked and are hoping no one would mind.

Good Luck!