Advice please - neighbours have created new access onto my land

LittleBigMouth

My question relates to who has a right of access across land owned by myself and my neighbors.

I own a terraced house which has no vehicle access to the front due to highways issues, but has a separate garage block to the rear fronted by a driveway accessed by a separate public road. We access these on foot via an alleyway which leads from our back gate, as do 2 neighbours on the end of the terrace. We each own the freehold to the section of alleyway directly outside of our own back gate, (a couple of metres) as well as the garages and driveways. The alleyway is a dead end beyond these houses, ending at the rear fences of properties on another road. There is no through access from any public land. My two neighbours cross my land in order to access the section they each own and get into their gardens and obviously have a reasonable right of access.

Recently new neighbours have bought one of the properties whose rear boundary abutts our alleyway. They have taken down the existing fence and put in a new gate in order to access the alley (I note they have a front drive and garage and no actual requirement to access this area, although it does eventually lead out onto the road, though not by their property). I have confirmed with the land registry that they do not own any of the land within this alley.

What are the rules regarding allowing them (or not) to use our land(s) as a thoroughfare? My immediate neighbour clearly has a right to cross my land in order to access their section of the alleyway, as does their neighbour on the other side. Where this new neighbour does not own any part of the pathway, are we allowed to prevent them using it?

They are using it to access their property, but have created a new access way themselves to the rear. I feel they do not have a right to do this and myself, and my neighbours are unhappy to have people wandering about at the bottom of our gardens, for reasons of privacy and security and also on principle.

Prior to creating the new access, they were made aware by my neighbour that the land is privately owned as she was unhappy to find them in the alley, but either do not understand or do not care. Is there anything we can do?

k3lvc

LittleBigMouth wrote: »

My question relates to who has a right of access across land owned by myself and my neighbors.

I own a terraced house which has no vehicle access to the front due to highways issues, but has a separate garage block to the rear fronted by a driveway accessed by a separate public road. We access these on foot via an alleyway which leads from our back gate, as do 2 neighbours on the end of the terrace. We each own the freehold to the section of alleyway directly outside of our own back gate, (a couple of metres) as well as the garages and driveways. The alleyway is a dead end beyond these houses, ending at the rear fences of properties on another road. There is no through access from any public land. My two neighbours cross my land in order to access the section they each own and get into their gardens and obviously have a reasonable right of access.

Recently new neighbours have bought one of the properties whose rear boundary abutts our alleyway. They have taken down the existing fence and put in a new gate in order to access the alley (I note they have a front drive and garage and no actual requirement to access this area, although it does eventually lead out onto the road, though not by their property). I have confirmed with the land registry that they do not own any of the land within this alley.

What are the rules regarding allowing them (or not) to use our land(s) as a thoroughfare? My immediate neighbour clearly has a right to cross my land in order to access their section of the alleyway, as does their neighbour on the other side. Where this new neighbour does not own any part of the pathway, are we allowed to prevent them using it?

They are using it to access their property, but have created a new access way themselves to the rear. I feel they do not have a right to do this and myself, and my neighbours are unhappy to have people wandering about at the bottom of our gardens, for reasons of privacy and security and also on principle.

Prior to creating the new access, they were made aware by my neighbour that the land is privately owned as she was unhappy to find them in the alley, but either do not understand or do not care. Is there anything we can do?

A picture paints a thousand words so it's difficult to understand fully the situation - I'd have expected that if a polite request for them to cease and desist doesn't work then just put up a further fence/wall on your land in front of their gate

PasturesNew

LittleBigMouth wrote: »

Is there anything we can do?

Probably quite a few things, if we could visualise it

One thing you could do, at cost, is (as a group) to install a cast iron lockable gate - and make sure all the neighbours who do have a right of way have a key.

sirmosh

They have the right to put a gate in their fence but if they don't have the right to access the land on the other side you could put a bit of fence up behind theirs stopping them actually getting through.

ging84

if their new gate opens onto your land and they have no easement or anything like that and there hadn't originally been a gate there , then you could probably put a fence at the edge of your land if you really wanted to stop them using your land
but is it really a big deal? unless they are planning to start sticking cars around back or it leads to some other problems, it's probably just better to allow them to use it, especially if you made it clear they can use it with your permission but it's not a public right of way and your permission could be withdrawn in the future

Mallotum_X

Whatever you do may end up causing an argument, its generally better to avoid disputes with neighbours. but equally you dont want to cause some kind of right over your land.

I assume them using the alley as a shortcut in itself doesnt really cause any issues.

However if they trip and fall in the alley could they sue you?
If you and the other neighbours choose to sell the land could they claim a right of way over it?

My last work place had a shared access to a rear car park, where one of the properties at the back created an access onto - it made it easier to get into his garden as he had no side access.

The solution was he was granted a 12 month licence each year to use the access for a nominal sum, probably something like £1 and had to do something with his insurance to cover his or any of his visitors/guests use of the access, so in the event of him tripping etc it was his household insurance that had to cover it. The exact details escape me now. He also paid for the legal fees in drawing up the agreement.

Clearly the difference was he recognised he didn't have a right and approached people in the right way about gaining one. He also made sure he chased for an invoice each year to pay over his pound.

I think you need to be clear with your neighbour that its private land, they dont have a right of way over it and explain the issue around insurance etc.

tanith

What sirmosh says is what I would do.

Gingernutty

AFAIUI, the new neighbours have created their own gate onto the alleyway which they have no right to do so.

You could put up a gate, create a dead end for your new neiighbours, by blocking the access to the public road at your and your neighbours expense

The risk is your new neighbours taking destructive action or climbing over the gate.

Are you and your neighbours prepared to go to a solicitor - a stiffly worded letter and the threat of legal action might get them to think twice.

Nail their new gate up?

eddddy

Hi LittleBigMouth

From what you say, it sounds like the new neighbours are trespassing on your land.

From a legal perspective, you can get a court injunction to stop them. Obviously, this will involve legal costs.

Perhaps a letter from a solicitor will be enough to scare them into stopping.

Or, as others have suggested, if you prefer, you could put up a physical barrier to stop them. e.g. a fence in front of their gate. As long as you make sure the fence is on your land, and you don't damage their gate.

If they remove or damage your fence, you can report them to the police for criminal damage - and sue them for the cost of the damage they've caused.

Another option... If you want to make some money, you could 'sell' them a right of way across your land.

bmunky7

I would tread carefully and consider a meeting with all involved parties to come to some kind of amicable arrangement, otherwise before you know it you will be starting a thread about whether or not you need to disclose a dispute with a neighbour when selling your property.....

LeighBelle

You don't want them creating right of access, so need to act ASAP. IMO it might be worth involving a Lawyer at this point.

It might be expensive, but this might save you a long drawn out, painful dispute with these new neighbours. It certainly needs nipping in the bud once and for all.

You also might need to plan for any future neighbours who might get the same idea, so I second a fence around the perimeter of all the land you own, of course leaving access to the neighbours who already have right of access.