Side Garden Access Dispute

Toddycool

Hi everyone,

Basically, the deeds of my house say that I am allowed access/right of way through the joining neighbours garden (we're a semi-detached), but he is not allowing us and has a locked gate at the entrance to his, which would be our exit.

I have also checked his deeds and it says that he needs to allow us access but he is saying that because it has been like this for several years, that he doesn't have to grant us access anymore. He is also saying he wants to get this part removed from the deeds as, he says "it effects the price of his house".

At the end of our garden is a gate into theirs, plus the shed that they have there is built forward from the back fence, allowing us to get through. There are no fences through his garden as you'd expect with an alleyway etc though.

From what I've read, I think that he doesn't have to reinstate the fence as he owns the land and it has been like this for, as he says, "a good few years" but that we should still have right of access.

We have tried to solve this amicably as it is actually more a matter of principal than practically, as the nice neighbours the other side have let us use their access and just lift up a fence panel and the work is now all completed.

So in summary, my questions are:-

1: Is he allowed to deny us access even if it has been like that for several years?

2: For him to have the deeds changed, we would have to agree to it as it effects ours?

3: Would it be a costly thing to go to court over or could it all be done quickly in a small claims court type of thing?

Sorry to ramble on and thanks in advance for any advice!!

Funky_Bold_Ribena

Do you want him to not have to give the house owner access through his garden?

ie do you want assistance in helping him do this or do you want to fight it?

Toddycool

Well it's him denying us access to our garden through his, so all I want is for us to freely use it if we ever need it.

As it stands, he's saying we don't have any rights to it even though it's in all the deeds that we do.

Like I said, it's more a principal thing now as its on our deeds and as we've finished all the work in our house.

Does that make sense?

lstar337

If their deed says you have a right of passage through their garden, and your deed says you have a right of passage through their garden, then I would say you have right of passage.

I don't see how they can remove 'your' right of passage from 'their' deed, without 'your' consent. As you will not (I assume) be giving your consent, there is little your neighbour can do about it.

Toddycool

Re the deeds, that's exactly what I thought and you're right, we would not give consent! He's just being a bit bloody minded, we would probably never use it to be honest but just don't want to have the right taken away from us to use it if we want to!

Funky_Bold_Ribena

Toddycool wrote: »

Re the deeds, that's exactly what I thought and you're right, we would not give consent! He's just being a bit bloody minded, we would probably never use it to be honest but just don't want to have the right taken away from us to use it if we want to!

I would suggest you start using it. Regularly. Buy a plank and keep taking it through, knocking on their door once a week to open the gate.

Toddycool

I thought about taking my bins out the back and just leaving them by his locked gate, that should do the trick! On a side note, he's also started to park over my drive if he can't find a parking space. Unfortunately, I think I've just got one of those neighbours!

societys_child

I suppose the deeds could be altered . . . wonder how much he'd be willing to pay . . .;)

If your deeds show a RoW then as far as I know, lack of use doesn't change anything, you still have RoW. Not sure how you'd enforce it. Solicitor or bolt cutters?:)

My previous property had an 18ft wide gated road alongside which was on my deeds. Six adjoining houses had Row to the rear of their properties.
I didn't bother locking the gate but was told that a previous owner (some years earlier) used to lock the gate (to prevent unauthorised use) but had provided all neighbours who had RoW with a key.

Funky_Bold_Ribena

Toddycool wrote: »

I thought about taking my bins out the back and just leaving them by his locked gate, that should do the trick! On a side note, he's also started to park over my drive if he can't find a parking space. Unfortunately, I think I've just got one of those neighbours!

Then knock on his door at unreasonable hours to get his car moved.

Then, once he is back and settled, knock on his door to move your plank again.

fluffymuffy

Funky_Bold_Ribena wrote: »

Buy a plank and keep taking it through

.................:rotfl:

cootuk

I would send a strongly worded solicitors letter telling them to allow access. Trouble is, these things can end up costing money as solicitors get involved.
If you do nothing then the neighbour could argue you have agreed, by inaction, to give up your rights of access.