Neighbour refusing us Right of way

Sarah_28

Hello All,

I have a problem with our neighbour next door but one. I will label the houses 1, 3 and 5 with us being number 1 and problem neighbour being number 5. There is a wide alley (you can drive a car down there) between number 3 and number 5. The alley then runs along the back of everyone's gardens of quite a few houses including ours.

Number 5 claims he owns the alley and has put up a large metal gate which is locked with a padlock so we can't get access. Number 5 has given number 3 a key claiming number 3 bought the right of way or something (all a bit hazy)

So number 3 and 5 regularly use this alley on a daily basis.

We have paid a solicitor to look into in and we have a copy of our and number 5's deeds.

The solicitor said we do have right of way down the alley and what number 5 is saying is ridiculous.

There was a deed of grant between number 3 and number 5 abkut a bit of right of way through number 5's garden but I am certain this is irrelevant to us and does not effect our right of way.

We have given copies of the documents showing we have right of way to the guy at number 5 and said if we are wrong to proove it to us. It has now been at least 3 or 4 weeks and he has ignored the matter.

We have knocked on his door several times at varying times of day and evening and he is not answering the door. (he may not be in at all and it might be a coindidence that every time we've knocked he's been out) but he is still ignoring the issue and has not attempted to talk to us about it. I work from home and am here 99% of the time so the likelyhood of him knocking when we weren't here is very small.

So what do we do now?

- My ideas ranged from parking our car there until he gives us a key
- Bolt cutters to cut the lock
- put our own padlock on it and claim it is ours until he prooves us wrong

- expensive court and solicitor route.

Oh also we bought our house 10 months ago with the understanding that we had right of way to the rear of our garden via the alleyway.
In fact on the day we moved in we saw the previous owners using the alleyway to bring out some furniture and stuff.

Is there anyway we could claim we have been missold the property?

Any advice would be fantabulous,


Sarah

madjay

You may find he does own the ally that runs down the side of the alley. I own the alley that runs along the side of my house and only have to give right of way to certain houses along my road but can charge them for up keep.

ic

Sounds like you need your solicitor to write to him and explain the situation, threatening further action if he doesn't comply. Hopefully an "official" threat will spur him into action. Only proceed however if you know you are in the right - otherwise it could wind up very expensive.

Always surprises me how neighbours are like this to one another. I have to provide a similar right of way across my property to neighbours - and when I moved in I had gates and fences installed and kept all the neighbours in the loop - answering any queries they had *before* I had the work done.

melb

go onto a website called gardenlaw and have a look at the forum there - lots of helpful advice.

Sarah_28

I know it is quite possible that he owns it but i'm sure we still have right of way which he is refusing us. I actually like the gate being there as it provides extra security to our back gardens and property. All we want is a key and we would ensure that we lock it behind us each time.

Each house owns a bit of the alley behind each garden and all have a right of way over each others, i just dont get what number 5 is trying to achieve. He said before that the gate had been there for more than a certain number of years and therefore he now owns it but he keeps saying different things and confusing us! I'm wondering if he is trying to pull the wool over our eyes or whether he actually believes he owns the alley or maybe he is confused thinking that because he owns it he doesnt have to give us access??

I have no idea, I just want to drive my car to the end, load up my bootsale junk and drive it back down. Its a terraced property by the way so its the only access to the garden without going through the house. We are also going to convert our concrete garage/shed into a workshop/studio for me to work in and I would begrudge having to take all of the building materials and old rubble through the house (have 2 young children too) when i know that i have right of way over the alley which we could use drive right up to the end of our garden saving us from having to lug everything back and forth.

sorry for rambling on by the way xx

OddjobKIA

the right of way might be set in place for access to coal bunkers..ie way back in the 50-60-70's....if the deeds say that right of way is for that purpose than No5 may have the right to close off the access.....

Sarah_28

I havent got the deeds in front of me now as other half has them in his briefcase but from memory i dont think there is a particular reason stated for the right of way, i think it is just a general right of way for each house owner to get the rear of their property as most are terraced..

ic

OddjobKIA wrote: »

the right of way might be set in place for access to coal bunkers..ie way back in the 50-60-70's....if the deeds say that right of way is for that purpose than No5 may have the right to close off the access.....

The situation sounds very similar to my own - the right of access is drawn on my deeds as 9ft wide running down the middle of the 18ft wide strip of land at the side of the house. I then also own part of the alley at the back, as do the each of my neighbours at the back of their gardens. My deeds say:

In pursuance of the said agreement and in consideration of the sum of Three hundred and fifty pounds now paid by the Purchaser to the Vendor as BENEFICIAL OWNER herby conveys unto the Purchaser ALL THAT plot of land containing Three hundred and twenty one square yards or thereabouts situate fronting to Some Road Some Town aforesaid TOGETHER WITH the messuage or dwellinghouse and other buildings erected thereon or on some part thereof and being known as number 1 Some Road Some Town aforesaid more particularly delineated and described in the plan attached hereto and thereon edged with a red line EXCEPT and RESERVED to the owners occupiers or tenants for the time being of the dwellinghouses numbered 3, 5 and 7 Some Road aforesaid a right of way on foot only but the right and liberty for all purposes connected with the use and enjoyment of the said three dwellinghouses of passing over and along with or without carts or barrows propelled by hand over and along the passages shown and coloured yellow on the said plan thereon marked "Right of Way" TO HOLD the same unto the Purchaser in fee simple.

The struck-out bits were replaced by the italics (hand written) and then signed by witnesses on the actual deeds when they were written up in 1929. Talking to my solicitor, he explained to me that the bit about "carts or barrows propelled by hand" could be interpreted as cars, and not just wheel barrows and wheelie-bins. So basically my neighbours can do as you want to do - drive on, load or unload and then leave again, or walk across with bins and bikes, etc.

When I moved in I had gates put up, and gave my neighbours keys. They basically use the access to put out the rubbish once a week, and to come back and forth when gardening. I'm quite happy with this. On the rare occasion they've wanted to load their cars up with rubbish, and I've been happy to move my car onto the road whilst they do.

Obviously you need to see your own deeds to see what they say, and how they can be interpreted - and also his. If his don't make mention of your right of way/access, then I guess it could be down to negotiation and getting something written down.

Reading my own, I do now wonder about the bits that say "for the time being" - what does this mean? Possibly until some more deeds are drawn up that say otherwise?