My new neighbours have no right of way down my path.

baabaachi

My dad has asked me to ask this question.

My mum and dad live on the end house of a block of 4 terraced houses. At the side of his house there is a path that leads to his back door and then a bit further on there is a gate where their next door neighbours lives - you go through the gate to get to the neighbours back door.


Previously the neighbours have used this back entry way as a way to get to their back door. But there are going to be new owners moving in who own a shop and my parents know that the shop owner/new house owner will use the new house as a storge for their corner shop meaning they will be back and to all day - my paren't kitchen window looks out onto the pathway.


The old neighbours are in the process of selling the house and have told my parents that the right of way is not on their deeds and they are having to sign an afidavit to say that my parents have allowed them to use the path in the past.


My parents want to know if they can lock the gate and not allow access.

Many thanks for any replies.

pinkshoes

You could perhaps give a written statement to back up your neighbour's declaration stating that although there is no right of way, you are willing to give access once a week/once a fortnight so that the bin can be moved to the front of the property without dragging it through the house, and that permission would be removed should this be abused.

If there is no right of access on the deeds, then I'm sure you're perfectly entitled to lock the gate.

Alex_LS

They will also presumably need planning permission for change of use of the property if they want to use it in a commercial capacity, will they not?

tek-monkey

Why wouldn't the new owner use the front door anyway?

princeofpounds

How long have your parents been letting your neighbours do this, and have they restricted them at times (even symbolically, such as shutting the gate for a day a year?).

If it has been going on long enough then your parents could have granted an easement over that right of way without meaning to.

They cannot use the premises for commerical purposes without council permission.

G_M

My parents want to know if they can lock the gate and not allow access.

Yes.

To be doubly sure I would personally check the deeds of both your dad's and the neighbours houses.

If he/they do not have copies, you can get them for £6 from the Land Registry here. Be very embarrassing to lock the gate and then find that in fact there IS something in the deeds granting them access.

mlz1413

The problem seems to be that the neighbours are putting in writing that they have use of the access so creating a history and prinicple.

I would get your parents to discuss this with the neighbours saying that whilst they have always allowed them they would not want this to change the rights of way or access.

I would also get them to consult their solicitor and offer pinkshoes suggestion that whilst personal access is acceptable daily or more frequent access is not.

Zazen999

Who owns the gate and does the path go through your dad's garden?

Alex_LS

tek-monkey wrote: »

Why wouldn't the new owner use the front door anyway?

Would you want wheelbarrows, wheelie bins, bikes, etc. going all the way through your house? It's quite common, in the absence of an alleyway, for mid-terrace houses to have access across one or more of the neighbours' properties.

tek-monkey

OK, let me rephrase that, why would they use it any more than the current owner? If the OP suspects its going to be used to store goods for the shop, why does he suspect those goods will only go through the back?

baabaachi

Thank you everyone for your replies - have just brought my eldest from hospital so will look at the replies in more detail in an hour or so.xx