Side Garden Access Dispute

Toddycool

That seems to be all the advice that I've been given is that he can't deny us as it's on the deeds. I don't care if he locks it as long as we have a key, I don't care if the alleyway isn't put back as it's his garden, he can do what he wants really as long as we have the access!

Like I said, I've tried to sort it amicably, but he think's I'm talking about ownership and having the alley reinstated, he doesn't seem to understand that I'm solely talking about the occasional right of use.

Toddycool

cootuk wrote: »

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.

That's sort of my only worry. If the previous owners have never complained, then do you think that counts for us? We're thinking of getting a letter drafted, like you said, just to let him know that we're aware, not to necessarily start a dispute but just to try and sort it easily.

cootuk

If you've recently moved in, then the solicitors should have checked the terms of the deeds too?

zaax

If your deeds are as you say they are, give your neighbour 14 days to remove the restriction then remove it yourself.

zaax

cootuk wrote: »

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.

PROW can never be lost unless removed by agreement

olibrofiz

If the ROW across your neighbours garden is on your deeds, and on his, he can't block access for you. As someone said, just because it hasn't been used in several years, doesn't mean it doesn't exist, or has expired.

so
1. No he can't deny you access
2. No he can't have the ROW abolished without your consent
3. It depends how suborn your neighbour is as to how much it would cost.

I've just mentioned this on another thread, so sorry to do it again, but have a look at the Garden Law website, there's much info about RoW's (I have one at the back of my house BTW, so did quite a bit of reading up on them! And trees, and boundaries)

Toddycool

Our Solicitor did say that the terms were in the deeds and we thought it wasn't an issue as we never had to use the side access until now. Also because of the position of his shed and the gate at the back of our garden we just assumed it was all fine.

I guess if he did have an agreement with a previous owner, if it wasn't changed on the deeds then the terms still stand?

Thanks again for all the advice people! Most appreciated!

Toddycool

olibrofiz wrote: »

If the ROW across your neighbours garden is on your deeds, and on his, he can't block access for you. As someone said, just because it hasn't been used in several years, doesn't mean it doesn't exist, or has expired.

so
1. No he can't deny you access
2. No he can't have the ROW abolished without your consent
3. It depends how suborn your neighbour is as to how much it would cost.

I've just mentioned this on another thread, so sorry to do it again, but have a look at the Garden Law website, there's much info about RoW's (I have one at the back of my house BTW, so did quite a bit of reading up on them! And trees, and boundaries)

Very helpful, thank you!

He's been saying he wants to move since we've lived there so we're half tempted to just ignore it for now as all the work has been done and if he does sell, the new owners will see it as it's on their deeds. Hopefully they'll be a bit more reasonable if he does leave.

keystone

Your neighbour is an idiot. He is quite wrong. But you know that anyway. BTW Right Of Access is what this is about and NOT Right of Way. They are different quantities.

Cheers

Davesnave

Toddycool wrote: »

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".


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

It will affect the price of his house far more if he has to declare a dispute over this while trying to sell! There is a specific question in the PIF enquiry form about this sort of thing.

I would remind him of that in the letter I'd write, asking for the padlock to be removed or a key to be provided.

No need to waste money on a solicitor, as there is nothing he can do to remove the clause in the title docs.