Blocking shared access

Jemima5317

Hi all,

Would be grateful for some advice. I have a feeling my next door neighbour may be about to fence off the shared access to the rear of my (and other) house(s). The lady who lives there has a long standing resentment of the access (which is clearly documented in the deeds of all houses in the terrace, undisputed as to route (except by her) and in use, so no argument about lack of use).

Whilst it hasn't yet happened, and therefore may not happen, I would be grateful if any of your wise heads have advice on a useful approach to take if I see her contractor out there trying to put a fence up, and what the most appropriate next steps would be if it does happen. Should add that I can afford to (and will) take legal action if I have to (supported by the other neighbours, which isn't in question - there is a lot of backstory/history with this one problem neighbour unfortunately).

Thanks in advance

Jx

Alter_ego

Presumably it is documented in HER deeds. I ask because a similar dispute has arisen in a local terrace, where the access is not on one persons deeds.

Broken_Biscuits

disputes with neighbours can cost a fortune in legal fees, even when you are right.

if you took out legal cover with your home insurance and she does block off an area you have a legal access over in your deeds... This will be considered a legal nuisance and (depending on your policy wording) very likely to be an insured event.

there is often a one off payment attached to these sort of claims.

the cheapest and easiest way to deal is have a civilised chat and show the evidence that states you have a legal right of way. A lot of people in legal fields would be out of work if this sensible approach worked though!!!

Jemima5317

Thanks both. The access is on 3 of 4 of the terrace deeds, but the problem neighbour bought her house before deeds were put on land registry as matter of course. She claims to have them though (she is typically, the missing number 4 I don't know about). Her biggest problem is that she wants to use the access across others' gardens but the access only runs one way, so 1 can go over 2, 3 and 4, 2 over 3 and 4 but not 1 etc. she is at number 1. The access runs that way because the detached house next to number 1 was built the same year with a six inch gap between the houses, so no one is being mean, there has never been access! She is adamant she used to use it *rollseyes*.

Great tip off about the house insurance thank you broken biscuits, unfortunately reasonable conversations have proven not to work in the past, she's had to give up on locking the access so I think she's now trying to move it onto her private garden so no one can use it!!!

Honestly, why do people behave like this? Life is too short, there is no way she can possibly win this, and (without wanting to be unkind) she is semi retired and I know can't afford an expensive fight! Anyway, I'm getting carried away, she might not even do it, I just have a nasty suspicion she's going to try! Thanks again both of you.

Jx

Jemima5317

Sorry, I meant she's at number 4, not number 1!

Alter_ego

If you have access over someones land it must be noted in THEIR deeds.

Access noted on your deeds can not give access to land belonging to others, if that could happen I would grant myself access to Windsor Castle etc.

Jemima5317

Yes, appreciate that Alter ego, but her primary beef has always been that she can't walk over anyone else's land (rights not documented on any deeds apart from hers - unproduced despite requests!). The terrace was privately built and institutionally owned until early 20th century, and from the other 3 houses I do know about/can see deeds for, all covenants and easements were established when the houses were sold to other landlords or private owners. Take your point totally, but seems unlikely that deeds setting out x, y and z rights for 4, 3 and 2 were set up, with mirrored rights, specifying how these applied to number 4, without number 4 being involved - and all literally on the same date, so x October 1910 etc. Plus the blasted woman has never denied the rights exist, only says that she has the right to unilaterally rescind, and that she has the right to stomp over every one else's garden. She also fails to realise that (eg) number 1's right to walk across numbers 2, 3 and 4, is across one walkway, not up the garden, into the back yard etc. without access to her deeds ( which per earlier, aren't on LR) it's hard to prove, but weird that 1's deeds give rights over 2, 3 and 4, 2's over 3 and 4, 3's over 4, and all specify the corresponding obligation on those houses without there being clear records on number 4, and given that she's the one objecting, if her deeds are so different, why not produce them?!

G_M

If you are considering using legal cover provided on your buildigs insurance, check you have it now. If you don't, get it fast!

It certainly won't be valid if the legal case originates (ie she blocks the access) prior to you buying the policy, and quite possible there will be a time-lag (eg not valid unless at least 30 [?] days have passed) since you took out the policy.

As for what to do if you see contractors starting work - go and talk to them! If you can persudae them to stop work, great. But they may well take the view "I'm being paid to do a job, so I'll do it." I don't ee how you can force them to stop, unless you get a court injunction fast.

Davesnave

G_M wrote: »

As for what to do if you see contractors starting work - go and talk to them! If you can persudae them to stop work, great. But they may well take the view "I'm being paid to do a job, so I'll do it." I don't ee how you can force them to stop, unless you get a court injunction fast.

If contractors do go ahead and block the access, there's no rush. Rights of way cannot be extinguished by mere non-use and something as temporary as a fence would have no bearing in law.

However, in that eventuality, it might be interesting if you could all agree to exercise your rights by scaling the obstruction, say, several times each Saturday and Sunday morning. You might bring along whatever equipment you deem necessary to achieve this.

After a few weeks you might find there'd be no need to go to litigation after all.

Jemima5317

Ah bless you all for answering. The bins go out across the shared access, so I've already thought about things like dumping my rubbish in her bins etc if she blocks access. Just all so bloody unnecessary though! Good grief, if you don't want people walking over your property, don't buy a bloody property with shared access!

I think, if push comes to shove, and I see her stooge putting a fence up, I'll go out and tell him the score, and if he continues, I'll film him with a running commentary to the effect that I've told him he's blocking a legal right of way etc then I'll go round and photo his van etc.

Hopefully none of this will have to happen, but watch this space,,,

Thanks all, really appreciate the input.

Jx

Angie_B

Jemima5317 wrote: »

I think, if push comes to shove, and I see her stooge putting a fence up, I'll go out and tell him the score, and if he continues, I'll film him with a running commentary to the effect that I've told him he's blocking a legal right of way etc then I'll go round and photo his van etc.

I would recommend against taking your frustration out on the builder - if he has been hired to put up a fence, whether it is shared access is not really his fault. By all means, go up to him, have a friendly chat and let him know where you stand and that the work he has been employed to do is against the terms included in the property deeds. But don't get aggressive with him - you want to come across as the reasonable one, not someone guilty of harassment.

If you want to film it, you would be better off letting him know that you are going to film it and see if he would agree to confirm on film that he has been employed by "no. 4" to build the fence. I cannot see what benefit going and photographing his van will get you - I don't see you getting very far with action against a builder, just because they carried out a job they were paid to do.

I know this whole thing must be frustrating for you, but try to remember where your problem lies - it's with the owner, not the builder.