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Neighbours and right of access
slopemaster
Posts: 1,584 Forumite
Sorry this is going to be long but it’s the only way to explain the situation.
My house is an end terrace, there’s a small gap, then another terrace. There’s a gap between my house and the house on the right, big enough for a car to get through, which leads to a space behind my house and the house on the left, designed to be used for parking. This passageway and land belongs to me and my neighbour on the left, and each of us has a right of way over the other’s land. The house on the right is nothing to do with any of it.
Since new tenants moved in next door on the right, they don’t seem to understand that. I don’t really use my space at the moment as I don’t have a car except occasionally – but I will be using it from the end of the month when I will have a car for a couple of months. In any case it is available for my visitors.
First they dumped a pile of gravel they cleared out from their land drains there, so I went and tried to explain it was my parking space, so they should at least spread it out flat, which they did. (I say tried, because they are from another country and do not speak much English, only the son understands reasonably well.) Then they started parking a car there, so I went and explained that I might need the space. The son tried to say would it be alright if this or if that, but I persevered that it wasn’t (there’s definitely not room for an extra car) and in the end he agreed they wouldn’t park there any more, and they haven’t. But the latest thing is, their 3 big bins have appeared there! I look out on this space from my kitchen window, so I really don’t want them there.
Now I will probably go and speak to them again but I’m wondering whether I should contact the letting agency. (I know who the letting agents are but not who the landlord is.) I get the feeling that what is behind the problems is that these people think it is a public space and that I am just ‘being funny’ like those people who think you shouldn’t park in front of their house. But it’s not the same situation. I own this bit, it’s effectively part of my garden; it’s just that I can’t fence it off because my other neighbour has a right of access over it. These people shouldn’t have any access there at all. In fact a side gate has been put into their garden fence which shouldn’t even be there because it leads onto my land.
Now I don’t really mind if they use that gate to bring their bins and the son’s moped in and out. But, the thing is, I don’t want to create a right of access where none exists. OTOH, I don’t want to go over the top and create a problem with the neighbours when none exists – they seem nice enough apart from I think they’ve got the wrong idea about this bit of land of mine.
I’ll probably speak to them first and then maybe go round and see if I get any sense out of the letting agent.
But I’m wondering about the wisdom or otherwise of putting pen to paper at some stage, and if so, what to say? I could write to the letting agents or ask them to pass it on to the landlord. Basically, I just want to make clear they have no rights over this bit of land. But don’t want to say the wrong thing and make things worse.
So, any advice please?
Especially, anyone with any knowledge of the rules on such things?
My house is an end terrace, there’s a small gap, then another terrace. There’s a gap between my house and the house on the right, big enough for a car to get through, which leads to a space behind my house and the house on the left, designed to be used for parking. This passageway and land belongs to me and my neighbour on the left, and each of us has a right of way over the other’s land. The house on the right is nothing to do with any of it.
Since new tenants moved in next door on the right, they don’t seem to understand that. I don’t really use my space at the moment as I don’t have a car except occasionally – but I will be using it from the end of the month when I will have a car for a couple of months. In any case it is available for my visitors.
First they dumped a pile of gravel they cleared out from their land drains there, so I went and tried to explain it was my parking space, so they should at least spread it out flat, which they did. (I say tried, because they are from another country and do not speak much English, only the son understands reasonably well.) Then they started parking a car there, so I went and explained that I might need the space. The son tried to say would it be alright if this or if that, but I persevered that it wasn’t (there’s definitely not room for an extra car) and in the end he agreed they wouldn’t park there any more, and they haven’t. But the latest thing is, their 3 big bins have appeared there! I look out on this space from my kitchen window, so I really don’t want them there.
Now I will probably go and speak to them again but I’m wondering whether I should contact the letting agency. (I know who the letting agents are but not who the landlord is.) I get the feeling that what is behind the problems is that these people think it is a public space and that I am just ‘being funny’ like those people who think you shouldn’t park in front of their house. But it’s not the same situation. I own this bit, it’s effectively part of my garden; it’s just that I can’t fence it off because my other neighbour has a right of access over it. These people shouldn’t have any access there at all. In fact a side gate has been put into their garden fence which shouldn’t even be there because it leads onto my land.
Now I don’t really mind if they use that gate to bring their bins and the son’s moped in and out. But, the thing is, I don’t want to create a right of access where none exists. OTOH, I don’t want to go over the top and create a problem with the neighbours when none exists – they seem nice enough apart from I think they’ve got the wrong idea about this bit of land of mine.
I’ll probably speak to them first and then maybe go round and see if I get any sense out of the letting agent.
But I’m wondering about the wisdom or otherwise of putting pen to paper at some stage, and if so, what to say? I could write to the letting agents or ask them to pass it on to the landlord. Basically, I just want to make clear they have no rights over this bit of land. But don’t want to say the wrong thing and make things worse.
So, any advice please?
Especially, anyone with any knowledge of the rules on such things?
0
Comments
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Go via the letting agent. Hurry up and get a car on the space.0
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And stick a sign or two up, stating that access is required at all times - you could also include "for no's xx and xx" if you wish.0
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How long has the gate been there? Has it been added recently? If you're sure that the folks on the other side of the gate shouldn't have access to this gate (i.e. they don't have right of way over your land) then what's to stop you barring the gate on your side?
Is there anything to stop you and your neighbour who does have access putting a locked gate between the houses, and you both having keys?0 -
Thanks all for replies so far.How long has the gate been there? Has it been added recently? If you're sure that the folks on the other side of the gate shouldn't have access to this gate (i.e. they don't have right of way over your land) then what's to stop you barring the gate on your side?
Yes it's recent. yes I'm sure, and nothing I suppose.
It seems a bit extreme is all.
But maybe when I do park my car there I'll make sure it's close up to the gate so they can't use it.
But then, they might just get !!!!ed off and damage my car...Is there anything to stop you and your neighbour who does have access putting a locked gate between the houses, and you both having keys?
Again, nothing really, but I imagine it would be fairly expensive and that my neighbour wouldn't want to share the cost as they don't have the problem with their bit. I suppose if all else fails then that is what I will have to do.0 -
slopemaster wrote: »Again, nothing really, but I imagine it would be fairly expensive and that my neighbour wouldn't want to share the cost as they don't have the problem with their bit. I suppose if all else fails then that is what I will have to do.
Two metal posts, a decent length of chain and a padlock shouldn't be too expensive and would get the message across.0 -
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Don't even need the posts - a couple of metal rings set into masonry anchors, one on each wall, metal chain and padlock (with a sign)
True - provided there's insufficient room to park a car between the public highway and the chain, I was assuming (rash, I know) some form of front gardens as well.0 -
Get a piece of paper and a big red pen. Then draw the boundaries, showing it's yours.
Then go round there and point. First at the plan, run your finger round the boundary ... then point at yourself.
Repeat until they get it.0 -
I already have the bit of paper with the boundaries marked, so I will try what you suggest.
And yes you are right, a chain rather than a gate, would not be expensive and would stop vehicles (and bins!) if not people.
Would need posts I think as I would not want to fix it to their house.0 -
slopemaster wrote: »Would need posts I think as I would not want to fix it to their house.
Probably wise.0
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