Neighbours blocking our access to garden

sandytache

Hi,

Not sure if anyone can help with this.

We have recently moved into a brand new house. At the rear of our garden we have a garden gate which leads onto a driveway for the neighbours at the back of us.

The neighbours have been extremely rude since we have moved in and park there car as close up to our gate as possible so we cant use the gate.

We have spoken with Barratts (who we purchsed from) and they have said that by parking there car next to our gate is actually on a public right of way, but they wont put anything in writing or discuss this with the rude neighbours.

We have the deeds to the house, but the an extra footpath for us at the side of their driveway (so we could have access) has been added since the deeds were done. So we dont even have proof from the deeds.

Does anyone know if this is correct, or would we have to go through a solicitor to stop them parking there?

muckybutt

If its a public right of way and the car is causing an obstruction ie not allowing you free access onto your property then have a word with officer dibble, get him to have a word with the neighbour or slap a ticket on their car for obstruction.

ormus

if its a private access rd, its not a matter for the police/law. its a civil matter.
a letter from your solicitor may do the trick.

iamcornholio

Bang the thing with a wheelbarrow and scratch it with an arm full of cuttings or rubbish as you try and squeeze past.

They will get the message

googler

It's either their driveway or a public road; and if it's public, why don't you park there so that they can't?

Also, if 'your' footpath isn't on your deeds, how have the deeds been changed to give you title to an extra bit of land?

keystone

and if is their driveway you may have right of access across it which should be detailed in your deeds which means they cannot prevent you having access.

Cheers

tori.k

Id stick a "Do not park. gate in constant use and homeowner not liable for damages" note up on the gate.
It works for us, tho im not sure if i would be liable if the kids scratch someones car getting there bike's in & out, in ten years no-ones called my bluff yet

Doozergirl

Hang on, if it's not in your deeds, then you don't have it. If it's not in yours then it's probably not in theirs either.

You should have checked the plans before you exchanged contracts. I'd go back to your solicitor and double check where you stand. You may not have the right at all - if you were told you did then you might have some complaint with Barratt, but it is your responsibilty to check that what you think you are getting is indeed what you are getting with the deeds...

Speak to your solicitor.

themacster

tori.k wrote: »

Id stick a "Do not park. gate in constant use and homeowner not liable for damages" note up on the gate.
It works for us, tho im not sure if i would be liable if the kids scratch someones car getting there bike's in & out, in ten years no-ones called my bluff yet

You can't just absolve yourself from liability for damage just by sticking a notice up - you still owe a duty of care irrespective of whether they're parked there illegally or not.

jaks101

ring the cops they will come out and have a word (on there switchboard number not 999) you should have a local neighbourhood officer called a community beat manager they will look at the problem and try and come up with a solution.

trust me they wont think you are a nusance

ic

keystone wrote: »

and if is their driveway you may have right of access across it which should be detailed in your deeds which means they cannot prevent you having access.

Cheers

Their deeds should also have been changed to show that they have to allow access. Deeds can be downloaded (for a fee) from https://www.landregistry.gov.uk. If the land behind the gate is actually shown on the deeds as their land with no right of way marked up for you, there is nothing you can do, other than approach them and discuss the matter and come to an agreement (perhaps pay them to allow you access - note if you don't then get the deeds changed, then the next occupant of your house will also have the same problem).

If you've only just moved in, you should take this up with your solicitor that did the conveyancing as this is the sort of thing they're supposed to flag up to you and sort out on your behalf before you buy.