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Garden access. Neighbour has took access path over

cagneyfan · 2011-03-15 16:15:15

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…

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cagneyfan Posts: 378 Forumite

15 March 2011 at 6:58PM

Even if they didn't make the changes, they must know that they've taken over the access path. There's a definite path and of course the gate between our fences.

I'm dreading this. I wish I'd known about it when I bought the place. I was clueless. But it looks so neat you wouldn't neccessarily think they'd changed it, but the deeds do show a pathway

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satchmeister Posts: 372 Forumite

15 March 2011 at 7:10PM

cagneyfan wrote: »

Even if they didn't make the changes, they must know that they've taken over the access path. There's a definite path and of course the gate between our fences.

I'm dreading this. I wish I'd known about it when I bought the place. I was clueless. But it looks so neat you wouldn't neccessarily think they'd changed it, but the deeds do show a pathway

If this is the case then you will need to take legal steps to get your path back as it will affect you when you come to sell.

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Richard_Webster Posts: 7,646 Forumite

15 March 2011 at 7:16PM

I think I get what has happened and it is pretty standard layout on terraced house estates. The path may well be within the neighbour's title but subject to your right of way. They probably thought that the path was a nuisance - perhaps used by local drug takers etc etc so they incorporated it into their garden.

What I don't get is that when you bought the place your solicitor would have pointed out to you that you had a right to use the path at the side of the next door property (he did, didn't he?) and at that point you should have said "What path?" When you then explained the layout on the ground to him he could have gone back to the seller's solicitors asking what had happened to the right of way and insisting that the seller organised its reinstatement or the provision of an acceptable alternative right of way by the neighbour.

RICHARD WEBSTER

As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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cagneyfan Posts: 378 Forumite

15 March 2011 at 7:23PM

Richard_Webster wrote: »

I think I get what has happened and it is pretty standard layout on terraced house estates. The path may well be within the neighbour's title but subject to your right of way. They probably thought that the path was a nuisance - perhaps used by local drug takers etc etc so they incorporated it into their garden.

What I don't get is that when you bought the place your solicitor would have pointed out to you that you had a right to use the path at the side of the next door property (he did, didn't he?) and at that point you should have said "What path?" When you then explained the layout on the ground to him he could have gone back to the seller's solicitors asking what had happened to the right of way and insisting that the seller organised its reinstatement or the provision of an acceptable alternative right of way by the neighbour.

To be honest, the solicitor wasn't interested in anything really. I had no-one to help me and had never bought a property before. I just got a load of paperwork regarding searches of mines etc! I was really disappointed in her, but I had nothing to compare to. I just thought it was the 'norm'. She definately never mentioned anything about gardens, but thenI doubt she would've known that the neighbour had changed it.

Is this going to be one of those things where I pay a fortune and nothing gets done in the end?

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Mrs_Arcanum Posts: 23,976 Forumite

15 March 2011 at 7:26PM

Might be worth investing a few pounds with a title search on Land Registry just to have clear details of what should be yours from government records (you can also ask for details on the neighbours property). Think it is £4 per document.

Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits
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cagneyfan Posts: 378 Forumite

15 March 2011 at 7:28PM

Mrs_Arcanum wrote: »

Might be worth investing a few pounds with a title search on Land Registry just to have clear details of what should be yours from government records (you can also ask for details on the neighbours property). Think it is £4 per document.

I've got the deeds from when I moved in and it shows my garden etc and the neighbours, and the pathway. Is that what you mean?

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cagneyfan Posts: 378 Forumite

15 March 2011 at 7:30PM

What kind of cost can I expect to incur in seeking advice, and what type of money could I possible spend. More to the point, is it worth it if the neighbour just ignores any instructions

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G_M Posts: 51,977 Forumite

15 March 2011 at 7:41PM edited 15 March 2011 at 7:44PM

What is your relationship like with the neighbour?
The best way to resolve issues like this is always through agreement, not resorting to the courts. So, if you are friendly, then discuss it. Show them a copy of both your, and their, deed Plans. Both should show the right of access. You can download them from the Land Registry for £4.

So that's step 1/option 1. Best all round. If that doesn't work, or you don't feel able to discuss it, then a letter, from you (no legal costs at this stage!) to the neighbour. Enclose copies of the Plans, and explain you have a right of access, and that their gate and shed are blocking your access. Ask for these to be removed(or a gate key provided) within a reasonable frame of time, and the path restored.

Then you wait. What you do next obviously depends what they do. If they ignore you, or write back refusing, then you'll have to consider legal action.

Do you have legal cover with your home insurance? This typically covers the cost of legal disputes with neighbours? Or access to legal support via your union at work?

You could opt to leave well alone, but as said above
a) you'l lose the access yourself and
b) it will make selling the property hard as future buyers will start asking awkward questions!

As for cost of legal action, well, this can soon add up at a solicitor's hourly rate. You could try to do it yourself, perhaps with guidance from a solicitor at key points like filling in the court documents. Or just hope you win and get your costs back!

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Mojisola Posts: 35,571 Forumite

15 March 2011 at 7:47PM

princeofpounds wrote: »

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.

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.

You cannot lose a Right of Way by not using it or by the neighbour taking it over.

This - https://www.gardenlaw.co.uk/phpBB2/index.php - is a good, free site for advice about such problems.

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geoffky Posts: 6,835 Forumite

15 March 2011 at 10:52PM

do you have legal cover on your household insurance?

It is nice to see the value of your house going up'' Why ?
Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
If you are planning to upsize the new house will cost more.
If you are planning to downsize your new house will cost more than it should
If you are trying to buy your first house its almost impossible.
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