Neighbour has access to my back yard. Could this be a future problem?

nuttyp

OMG your a bit too chilled really, I have a dog and i wouldnot expect anyone to clear up after him - i do it myself. Think you might have to be a bit more firmer, and explain that access is just walking through, not using the entire space as their own. And as for letting the dog in there, that would purely pose a health and safety risk as the very least, dog poo has all sorts of nasty things in it especially if it is not wormed regullary.

What is your shop used for?? If it involves food or drink I think you need to take action immediatley.

Hope you get everything sorted out soon

Sambucus_Nigra

Have you not got the paperwork from the purchase to see if questions were raised about this at the time?

anticlaus105

olly300 wrote: »

The fact that you have not said anything until now is going to cause a major dispute particularly as the flat doesn't have any other access to the outside apart from the yard.

I suggest once you get it confirmed they cannot use the yard you take legal advice, as if you enforce your right to refuse access immediately you are in effect making the person in the flat homeless.

I don't want to be an !!!, I just want to ensure nothing becomes permanent thus restricting say my right to extend my property. If I were to extend past their door in the future that would royally screw them, but it would be my right to do so just as they have done. I don't plan to do this though.

Do you think their door opens into my yard as they were not allowed to have it onto the street for some reason?

If so removing access would screw them. If not they would just have to make some modifications. I would happily grant access to allow this though.

Like I said earlier I don't want being nice about it to end up shafting me in the long run as it so often seems to.

Sambucus_Nigra

I really can't see how they would get planning permission for that without agreement that access would be permanently through your yard.

olly300

anticlaus105 wrote: »

I don't want to be an !!!, I just want to ensure nothing becomes permanent thus restricting say my right to extend my property. If I were to extend past their door in the future that would royally screw them, but it would be my right to do so just as they have done. I don't plan to do this though.

Do you think their door opens into my yard as they were not allowed to have it onto the street for some reason?

Yes I do.

I think there is something odd going on. Not with the person who moved in but how they did the extension.

I would actually get a solicitor involved if you find out that you own the entire yard, and I definitely would be an a!!!

You need to remove the access for a few reasons not just on giving them free permanent access.

First one is Health and Safety. If the dog is cr*pping everywhere and you have a shop it's not hygienic if you want to keep the door open or store stuff in your yard. Regardless of what the stock is.

Even if the dog wasn't there if you are legally responsible for the space you don't want people having accidents there or doing things that could cause accidents/problems i.e. bbqs

Then there is security. Anyone could move in upstairs and that gives them access to the back of your shop, which I presume you have some stock in.

horsechestnut

The access may not have actually been registered at the Land Registry; that doesn't mean that it hasn't been granted. You also need to see all the historical documents relating to your property. The access might be from the original construction of both properties, but more likely when the extension was built. These things can arise when the properties were originally leasehold; then the owners bought their freeholds, without realising that there was an agreement which still stands, for various reasons.
If you have a mortgage then the historical documents might be with the Bank who hold the mortgage; or still in their possession if you have paid it off and are just using them for "safe keeping". They may also be at the solicitors who did the legal work when you bought your property. You may also need to see your neighbour's paperwork as they might have a copy of the document.
If possible get these things yourself before going to a solicitor as they will charge a lot for this.
If you do find a document showing the right of access, then it would be advisable to get it recorded at the Land Registry, which you can do yourself for a modest fee.
It is quite definitely 20 years access for it to become their right, so if there is no legal document, then act quickly to get it sorted out.
Just been through a similar thing myself were by my neighbour wanted to block my access, but I had documents that went back to the building of the houses (then leasehold, so that the landowners could do what they wanted; but wasn't recorded at the Land Registry when they sold the freehold). My solicitor told me that this situation is not uncommon!
Hope that helps.

savemoney

I use to live in a terraced house with own back yard but some properties had to allow residents access only, maybe its the case here. if it is they certainly have no right to use your land let alone have there dog mess on it.

poppysarah

Bacon fat poured over the poop - someone said in another thread.

PasturesNew

I skimmed, but by the sounds of it there was originally a line of properties, with a right of way extending along the back. Yards were then the other side of that right of way. Over time people have probably built over the right of way. As you were 'given a key' it sounds to me like somebody further along the line has decided a gate is needed and erected one and supplied you with a key as it's also your right of way too, which would be the good and proper thing to do in the circumstances.

This scenario is very common in older places.

It can only be resolved by you getting your hands on the actual deeds/details and going through.

He might have a right of way to go from his door to the gate, but that doesn't give him (and his dog) the right to wander off the right of way into your yard - in which case you could fence it off, or point out to him it's your yard and he only has a right to pass/repass along the right of way. Show him your documents.

Money_maker

PasturesNew wrote: »

fence it off

Fence off a little walkway. Cheeky devils if having a barbeque on it and it is your yard. Hope your sort this quickly and let us know!