Garden access. Neighbour has took access path over

cagneyfan

Hi

I live next door to an end terrace. There's an access gate between my garden and next doors. I assumed I would be able to access my garden via neighbours garden, but tend not to as they have junk at the bottom and a shelf behind the gate.

Looking at my deeds more closely (been in house 5 years!) I noticed that there should have been a separate path running down the side of the neighbours garden, but they've obviously taken down the fence and extended their garden. I've gained access twice in 5 years, once for a painter and once for cavity wall insulation. Never had windows cleaned!

They've obviously taken over a seperate path and extended their garden which means I will always have to go into their garden to get to mine. What are my rights? Can I insist they replace the path which would then allow me to access my garden without going through theirs, or asking them to gain access? I'm dreading dealing with this, but it could have an effect on any future house sale.

Please, any lawyers out there. Is it worth pursuing. Am I likely to win and if so would I spend a fortune doing so?

bobthedambuilder

If your deeds show a path within your property boundary (usually marked in red or a heavy line), then the land is yours and you have an exclusive right to it (unless your deeds specifically mention that it is shared or that your neighbour has a right of way). The neighbour would strictly speaking be trespassing. If they've encroached onto your land, its not their garden.

Boundary disputes are notorious for souring relationships between neighbours, and I don't envy you taking this one up. But if you approach it in a friendly way, at least to start off with, by mentioning that you've been looking at your deeds and notice that you appear to have a path where it's shown on the drawing (take him/her a photocopy of the deed plan to demonstrate), and ask whether his/her deeds can shed any more light on it, then at least you've got the problem out in the open.

A chartered surveyor should be able to confirm the situation for you, and could even mark out the property boundary, so you have an independent third party between you and your neighbour.

You are quite right, if the problem's not solved when you come to sell, it could be a showstopper.

DVardysShadow

You should have a right of passage outlined in your deeds - if you have, you should take care to use it at least once in a while - without asking permission and as low key as possible. This is probably more important than having the exact path in place. Neighbour may attempt to block you either by telling you not to enter, or by putting a shed or similar in the way. You need to resist this. Just diary your use and keep the diaries. Your problem comes if you cannot truthfully say you have had free access.

cagneyfan

I've tried taking photos but my camera's knackered. At the library trying to put them on a memory stick!

As I look out of my bedroom my garden is directly ahead. Neighbours is to the left, and the path was to the left of their garden, but as I say, they seem to have removed the fence and enlarged their garden.

The path is meant to go down the length of their garden then across to meet mine. They have indeed put a shed at the right angle of what should be the path so even if I did eventually try and do something with my garden (kept putting it off coz of all this) I wouldn't be able to get anything past without stepping onto their grass/plants etc. Plus there's other junk etc along the rest of the path which would be hazardous for me.

I've been there 5 years and I genuinely thought it was their garden and I simply had to go through to get to mine (which I've only done twice after asking - which I shouldn't have to do). I'm going to the CAB and see what advice I can get there. I've said nothing to the neighbours and don't want to until I knowwhere I stand. Would it be likely that a court would insist they put the fence back up again and give me my private access to my garden?

princeofpounds

If they have been occupying the land for long enough then they might be able to take it over as a case of adverse possession, but it takes a very long time. More likely whoever actually owns the path (probably not you, but perhaps you can clarify) could still kick them out, but they may not know and may not care enough to pursue it.

However, you probably still have an easement ( a right, basically) to use the path even if they do claim possession, so in theory you will always have a right to access and you could sue them for it if they close the gate. That could get expensive and cause a dispute, so you will have to think about if it is worth it. If you want to move soon it may not be, but if you see this as a permanent home it could well be. You might find that they are quite happy to leave you with access in which case you don't have all that much of a problem.

Edit to add: you can lose the easement by not exercising it for a long time I think, which is why if you wish to preserve it you must do so, as discussed above.

cagneyfan

The problem is that they've put a gate up at the front of their house where the path starts so I feel that I have to ask themif and whenI want access. They obviously don't want me to have it as they've effectively blocked the pathway at the bottom anyway.

But I should not have to ask really. It was meant (if I'm right) to be a seperate path so that they could use it for bins, and I could also use if for bins and to gain access to my garden.

I don't suppose I'd get legal aid would I? If not, just what kind of money am I talking about.

I could kick myself. I've never bought a property before. I got this with compensation for an injury. The solicitor never explained anything and if it was for me to figure out - I didn't realise

bobthedambuilder

The description you've just posted makes it a lot clearer, and it does appear to be an access through next door's garden. But do your deeds show the path as part of your property, i.e. a long thin area edged in red or heavy line?

If so, my previous post stands.

If not, then, as DVardysShadow said, your deeds should describe a right of passage, and you neighbour shouldn't have blocked this. If indeed this is the case, you need to ask your neighbour to reinstate a clear passage for you and clear the gateway.

Is there any chance that it is a public right of way, i.e neither belonging to you or your neighbour, perhaps the local council?

cagneyfan

It's so difficult to describe something simple! I knew I'd mess it up.

The deeds show a red line around my garden, next to that is the neighbours garden line.Then there is a thin pathway next to the neighbours garden coming down and around to my garden. It's definately separate to their garden

Also, I've been down to the end of the estate and there are similar terraces and they have a definate separate access path.

Plus, I dodn't know who the land would belong to. I'm not that bothered in terms of owning it. I just assumed it was for access and use by them (and emergency services). I bought the freehold a couple of years ago (don't know if that makes a difference)

satchmeister

cagneyfan wrote: »

Hi

I live next door to an end terrace. There's an access gate between my garden and next doors. I assumed I would be able to access my garden via neighbours garden, but tend not to as they have junk at the bottom and a shelf behind the gate.

Looking at my deeds more closely (been in house 5 years!) I noticed that there should have been a separate path running down the side of the neighbours garden, but they've obviously taken down the fence and extended their garden. I've gained access twice in 5 years, once for a painter and once for cavity wall insulation. Never had windows cleaned!

They've obviously taken over a seperate path and extended their garden which means I will always have to go into their garden to get to mine. What are my rights? Can I insist they replace the path which would then allow me to access my garden without going through theirs, or asking them to gain access? I'm dreading dealing with this, but it could have an effect on any future house sale.

Please, any lawyers out there. Is it worth pursuing. Am I likely to win and if so would I spend a fortune doing so?

Could it be the previous neighbours who have caused the problem and the current neighbours are unaware if the issue?

cagneyfan

I'm not sure. I've been there 5 years and it was like that when I moved in.

It could've been the previous owners, but they may well have been there since they were built.

Would it make a difference? They're still potentially using my access path.

satchmeister

cagneyfan wrote: »

I'm not sure. I've been there 5 years and it was like that when I moved in.

It could've been the previous owners, but they may well have been there since they were built.

Would it make a difference? They're still potentially using my access path.

The difference would be that they may not be aware and so re-instate the path if they are shown the boundaries. But if they were the ones who made the change then you will more than likely need to resort to the legal route to regain your land and access.