Acquiring a piece of land - rear of garden

Terrysdelight

Hi

I own a little railway cottage which is over 100 years old. It is an end of terrace and there is a little alleyway which is blocked off with a gate. Anyone (neighbours) who want access just ask and whoever has the key gives access.

Originally all the houses had a walkway to the rear of their gardens and the 'coalmen' accessed the alleyway to get to the rear walkway to deliver the coal.

Every house in the terrace has claimed the peice of land and extended their garden. When I bought my house in 2013 - I was the last resident to extend my garden and do the same as everyone else. I've got a lovely bit of decking down there and it is a beautiful sun trap.

My next door neighbour grumbled when I did this, but I said if he has any need to access his garden (via my garden), I am totally fine with this. He has never asked.

Now I'm thinking of selling, he is insisting that I divide my garden back up so he can walk behind it. This seems a bit rich when I am the last neighbour out of about 20 to reclaim the land.

Can this person make me divide my garden up again? Is there anything I can do - it's almost 4 years since my decking has been down - and I would never refuse access.

davidmcn

Even if the neighbour were benign, any purchaser is likely to spot the problem in your deeds.

G_M

all the houses had a walkway to the rear of their gardens

What is the status of the walkway?
Who owns it?
What do your & your neighbours' Title deeds say about it (eg ROW)?

Assuming your neighbour has a ROW across this piece of land then provided you have not impeded this ROW he cannot complain. Have you blocked off access either side with a fence? Could you put in a gate each side instead?

Yes, as davidmcn says, a buyer may spot that the layout down there does not match the Title Plan ( solicitor won't unless told since he won't visit the property), and the conveyancer may note there is a ROW recorded (if indeed there is) and bring it to the buyer's attention.

Terrysdelight

davidmcn wrote: »

Even if the neighbour were benign, any purchaser is likely to spot the problem in your deeds.

All of us neighbours have the walkway clause in our deeds. It doesn't cause any problems (or should I say - it hasn't until now). If a neighbour wants access from the alleyway - people just open each others gate and walk through.

The only gate with a padlock is the alleyway leading to everyone's back garden. The padlock was put on by the same old boy who is now insisting I reinstate the divide!

Terrysdelight

G_M wrote: »

What is the status of the walkway?
Who owns it?
What do your & your neighbours' Title deeds say about it (eg ROW)?

Assuming your neighbour has a ROW across this piece of land then provided you have not impeded this ROW he cannot complain. Have you blocked off access either side with a fence? Could you put in a gate each side instead?

Yes, as davidmcn says, a buyer may spot that the layout down there does not match the Title Plan ( solicitor won't unless told since he won't visit the property), and the conveyancer may note there is a ROW recorded (if indeed there is) and bring it to the buyer's attention.

The walkway has totally gone now. If you like, my property was the first part of the walkway. Everyone has extended their gardens up to the back - basically everyone has gained about 6 or 8 foot. However, everyone has put a gate in place which allows people to walk through.

I'm just the last person to do this and this chap is being awkward about it.

Like anyone else, I'm not denying any access to the walkway (which is no longer there). There is a gate from my garden into the alleyway. And a gate from his garden into mine. All terraced houses have two gates, you can walk through either of your neighbours garden.

G_M

Depends on the precise wording in the Deeds. Quote please.

But my guess is that so long as there are unlocked gates between his section, and end of the alley, through which he can pass unimpeded (ie there is not a huge compost heap in the way), then his ROW is not being obstructed.

But as always with the law, the devil is in the detail.

There may, for example, be a requirement for you and/or all, to maintain the pathway, in which case..... you'd need to maintain a path!

Terrysdelight

G_M wrote: »

Depends on the precise wording in the Deeds. Quote please.

But my guess is that so long as there are unlocked gates between his section, and end of the alley, through which he can pass unimpeded (ie there is not a huge compost heap in the way), then his ROW is not being obstructed.

But as always with the law, the devil is in the detail.

There may, for example, be a requirement for you and/or all, to maintain the pathway, in which case..... you'd need to maintain a path!

I think I am just going to maintain my politeness and point out that he still has access to walk across the back if he so wishes.

G_M

Why not check your facts first.

What is the status of the walkway?
Who owns it?
What do your & your neighbours' Title deeds say about it (eg ROW)?

Arthritic_Toe

I can see both sides of this one. Forgetting the history, your neighbour used to be able to access his back garden without going through yours. I can understand him being a bit miffed by you removing that direct access. He may not have been the one to have claimed the bit at the back of his property - maybe it was a former owner.