Rights of access

london5276

Ive recently bought a house. The house originallyhad rights of access though my neighbours rear garden, down their path way and on to the road...As far as im aware they had removed the gate which gave me access to their garden and put up a 6 foot fence when the previous but one owner owned the house.....so they did this witout any agreement when an elderly lady owned the house, then a developer bought the house, realised the what they had done and rather then get them to put back the gate etc, he released the rights of access...so he could get it sold asap....
ok...this is wat the deed says:
1
in consideration of the grant hereinafter, i the (developer) as the registered proprietor of (my house) registered at the land registry under title number 123456 do hereby release (neighbours) as registered proprietors of (their address) at the land regestry under title number 987654 and their successors in the title from the burden of the right of way contained in a conveyance dated 16thoct 1942and referred to in entry number 1 of the charges register of the above title to the extent that the right of way shall cease and be extinguished...


Heres the bit id like people to look at
2
In consideration of the release hereinbefore contained the said neighbours hereby grant to the said developer and his successors in the title the right in case of emergency only to cross on foot only over the rear of their address and footpath the lies between their address and their neighbours leading from the rear of the properties to the main streetwithout let of hindrance and in the event that reasonable access cannot be gained through the dwelling known and my address giving the said neighbours reasonable notice of the exercise of such right..

i wrote to them asking for things to be put back and they came back with

ive asked them to put the gate back up and to not lock the gate.
(theyve said no)
the fence was there before i bought the house and thats that..

they also lock the side gate. so with or with a key i cant unlock from the inside as the locks on the outside and obviously without a key i cant unlock if from the outside.

they have the right to refuse access..

gate is there and locked for safety as advised by the police and they only people who have the right for a key is them as i have no access rights

they can refuse alternative access

they quote that an emergency is a serious, unexpected and often dangerous situation requiring immediate action

hindrance a thing that provides resistance, delay or obstruction to something of someone


If theres anything you need to ask, feel free

xylophone

When you were buying the property, did your solicitor raise this matter with you?

G_M

I don't believe youhave fully and accurately quoted the deed.

However

1) you can ask "for things to be put back" but they are under no obligation to do so. Have you offered to pay them compensation (and legal fees) for giving you the additional access rights?

2) In case of emergency you have a right of foot access. If an emergency arises (eg a fire) smash down the gate. (the fire brigade will assist you with this).

Running_Horse

Why do you now want access across their garden when it was not a feature of the house you bought? I would have thought security of your house would be better with permanent barriers and fences between you and the street.

london5276

xylophone wrote: »

When you were buying the property, did your solicitor raise this matter with you?

It was pointed out but not really thought of to much.

london5276

G_M wrote: »

I don't believe youhave fully and accurately quoted the deed.

However

1) you can ask "for things to be put back" but they are under no obligation to do so. Have you offered to pay them compensation (and legal fees) for giving you the additional access rights?

They don't want to give anything back...it would cause a serious hindrance if there were an emergency by them having a fence up and licking the side gate. I was locked out from the from front the other day, bare foot and had to wait an hour for my partner to drive over with the spare key even though my patio doors were open




2) In case of emergency you have a right of foot access. If an emergency arises (eg a fire) smash down the gate. (the fire brigade will assist you with this).

Also, what is deemed as an emergency? To me an emergency can be a roof leaking...a co alarm going off...a smoke alarm going off..being locked out...a water leak...all of which I would have to vacate the property and I might want to vacate through the back lol
This is the thing lol

london5276

Running_Horse wrote: »

Why do you now want access across their garden when it was not a feature of the house you bought? I would have thought security of your house would be better with permanent barriers and fences between you and the street.

I've asked for access in regards of removing aprox a tonne of dirt which they refused so I had to walk it through my house, I'm now have my 1st story rlat roof replaced and they still won't allow me reasonable access which it states I'm allowed if I give them notice....

So I'm now wanting them to adhere and to honour what they agreed on the land registry. They removed the gate which now prevents me crossing their garden....

anselld

london5276 wrote: »

I've asked for access in regards of removing aprox a tonne of dirt which they refused so I had to walk it through my house, I'm now have my 1st story rlat roof replaced and they still won't allow me reasonable access which it states I'm allowed if I give them notice....

Those are not emergencies.

On the other hand the Deed does seem badly worded (or you have missquoted it) as it is difficult to imagine an emergency for which you could give "reasonable notice" to exercise your rights.

moneyistooshorttomention

london5276 wrote: »

they quote that an emergency is a serious, unexpected and often dangerous situation requiring immediate action

I would think the definition of "emergency" by the "reasonable person in the street" would be things like, eg:

- fire
- flood
- criminal activities by an intruder (eg having to escape from a thief or potential rapist)
- a pet or young child about to run out into the road into the path of a vehicle if not chased after by quickest route possible

I wouldn't think it would include, eg:
- taking rubbish out
- taking deliveries
- just because someone wanted to because they fancied doing so.

I would have thought necessary maintenance of your house that had to be done by using this route and couldn't possibly be done any other way would be something that wouldn't fall under this provision, but WOULD fall under the legal right we all have to go via neighbours land if we HAVE to in order to maintain our property (cant remember the name of that recent Act).

eg if a neighbour wants to come into my garden to do maintenance work on their house, they are supposed to ask my permission first. If permission is unreasonably refused (ie the work is necessary and can only be done by accessing my garden, then they can claim access under that recent law - think it might be called the Party Wall Act?????).

princeofpounds

Go to gardenlaw forums and the right of way board.

Post your problem there. And please post it with clearer language and formatting (it will help you get more replies).

moneyistooshorttomention

Misremembered the name of that Act, whereby you gain access to a neighbours land for necessary maintenance of your property.

It's:

Access to Neighbouring Land Act 1992

and I still think it would be your best bet to use that method for said necessary maintenance and only regard that former access personal to the house as being for "emergency purposes" only.