Right of Access - End terrace HELP PLEASE!

stuart_faust

Hi a few years ago i purchased an end terrace.
Before moving in i spoke to my solicitor to ask what the situation was with regards to given access to the adjoining neigh borough.
We have dogs and wanted to put up a fence and gates to stop them escaping on the road.

The solicitor said that nothing was on my deeds relating to having to give them access and that it must be on my deeds if there was anything. but to speak to them about it. I did and they keep their bins at the front of the house so no issue there. I had offered that if they at any point needed access i would gladly put the dogs away and open the gate up which is locked and even help them move what ever it is.

the other week they came around saying that they had been to their solicitor and are now saying that they have a case for having access.
This is 18 months down the line and they want to put their bins at the back and go through with their bikes (new hobby).
They have never asked once in 18months to get access and her new boyfriend wants to do the garden up. But i cant have them just walking in and out as i have dogs that go into the yard area straight at the back of the house who live outside for 90% of the day.
Plus i cant let them be responsible for making sure that the gates are shut and closed properly.


If for what ever reason i have to give them access , does anyone know if i can choose where in the garden i can give them access ie. At the top of the garden , the other side of the enclosed dog area?

Any pointers or who i can contact would be great.
We have had problems on the lane the other side of me where kids have come into the garden etc even had a small fire a few weeks ago where kids were messing around and set some of the fence line and tree's alight. so i dont want them having open gates wondering into my garden etc.

Sorry for ranting

thanks in advance.

Seanymph

When I lived in an old victorian terrace we had the same thing.

Immediately behind the houses was a concrete 'pathway' - big enough to put tables and chairs on, and communally gather for wine on summer evenings too - but everyone kept bins and bikes there by their back doors.

About four foot or so away from the houses was a fenceline - some built brick, some wooden - and that delineated 'private space'. We all had our own gates into our gardens, and they were private and fenced from each other.

So, from your back door you 'crossed' the path to enter your garden through your gate - and they were private. The pathway was used communally, everyone used it for access, and we all sat about on it in chairs...

Can you do something similar? Give them an access route directly behind the house and fence off a 'private area' for your dogs?

mustrum_ridcully

Go to the land registry website and download the deeds for your neighbour's house (it'll cost £8 for title deeds and plan) and see what they say, if nothing ask your neighbour on what grounds they want access.

Running_Horse

If they have right of access, they do not have to ask your permission every time.

I'm surprised you didn't get your solicitors to sort this out for certain before proceeding, especially as you seemed to think it could be an issue at the time.

stuart_faust

Was told that i did not have to , but after re-questioning him he seems to be thinking differently?

angrypirate

Its either in the deeds or not as to whether you have to give them access. You've checked yours and there is nothing saying you have to give them access. Ask them for their evidence as to why they believe they have a right of access. Try and keep it friendly - they are your neighbours and the last thing you both want to do is end up paying hundred of pounds for solicitors to get involved.

stuart_faust

Would it have to be in my Deeds not theirs? or both? or just theirs?
I don't want to fall out , but if u see the diagram i have done you can see that it would very awkward for me , to now give them access in the same way they had access before.

G_M

stuart_faust wrote: »

Forgot to mention that the house was empty for over a year before i moved in without gates or fence for dogs.

Irrelevant. It's the Deeds that matter. Yours and theirs.

£4 each for your Title, your Plan,their Title, their Plan. Buy and read them.

If for what ever reason i have to give them access , does anyone know if i can choose where in the garden i can give them access ie.

The Title deed will answer this question.

GlynD

You've got to live beside these people. If their only means of access to the rear of their property is by going down the side of yours then I think the commonsense thing to do is open up a pathway which allows them to do so but similarly allows you to keep your dogs fenced in. If this went to court a judge would refer to common law for precedent. Common law is based on commonsense so if you show it in advance then there'll never be any need for court.

stuart_faust

What's getting me worked up is that for the pasted 18 months living there that this has never been a problem.
Its only since her new boyfriend moved in that its changed.
Like i said i have offered to help when i'm around opening up everything and helping. but cant leave her to enter they back alone or have her leave gates open and then have kids or the dogs wondering in and out!

GlynD

It's a problem now however and it seems you've maybe been hasty in blocking off their only access. They do have a point you know?