Changing access across bisected garden

Herbalus

Where a row of terraces have bisected gardens to allow more than one property to use the passageway and get bins out, can the access route across the gardens be changed?

The neighbours have changed from a single lady to a group of 4 students who now use their backdoor as their front door - the actual front door is now in somebody's bedroom (was lounge) so they don't use that, and regularly cross my garden.

Seeing as my back garden seems to have more traffic that the pavement in front of the house, I wonder if it's possible to re-route the path across my garden so that access goes around it. This would involve sacrificing the edges of the garden on both sides and the top to create a new path, so not sure whether it's worth doing, but I would then gain a private (part) of the garden.

Deeds don't say anything about a route, they just say the neigbours have right of access to their back garden, and there is a concrete path just behind the house.

dc197

Could you give an exact quote form your deeds? There may be something in the legalese that people spot which is not in your summary.
Perhaps something about they have a right to access, subject to paying a share of the upkeep, etc?

G_M

or indeed the purpose of the ROA.

Always quote in full if you want meaningful advice.

However based on wht you say sounds like you could re-route. Be aware though that people don't always follow paths. If the direct route goes over a lawn, flower bed etc they may ignore your nice new path and just walk direct.........

Rodders53

This sounds unreasonable use of the rear access... and almost certainly NOT what was intended in the original clauses in the house deeds.

The student let House of Multiple Occupancy should probably not be using the Front (Living) Room as a bedroom... Check with your Council? The owner/landlord may be pulling a fast one?

HouseBuyer77

This sounds unreasonable use of the rear access... and almost certainly NOT what was intended in the original clauses in the house deeds.

A ROW is a ROW, perhaps the deeds are phrased in such a way that would prohibit such use but probably not.

Presumably if the ROW is simply anywhere through your garden to their backdoor you could add a fence to the path to make them stay off the grass (even just a little 1 foot high border fence could be enough to discourage).

smallholdingsister

Would it be possible to get the landlord to instruct the students to use the front door? Or has the landlord encouraged them to allow the renting of an extra room?

We had one of these and while one solicitor said they COULDN'T use it in this way, in the end it seems he was wrong and there was nothing to stop them.
It does depend on the wording, what do your deeds say?

Herbalus

The specific words in the deeds are:

The land is subject to the following rights granted by a conveyance of the the land in this title dated 23 April 1930 made by Mr X and Mr Y

"subject nevertheless to right of the owners and occupiers for the time being of numbers xx and xx aforesaid to pass and repass through over and along the cross passage way situate at the rear of the messuage [sic] hereby conveyed and to use the drains lying under such cross passageway and drains in repair...

I guess it depends on whether "cross passage" refers to the actual existing passage or just the ability to pass through somehow. The path is a clear paved route along the back of all the houses, so would require a lot of work to change. I just wonder if it's possible.

The house is owned by one of the student's parents so deliberately set up to use the lounge as a bedroom. The trouble with these houses is that the front door is in that room, so they block it up and all traipse round the back.

smallholdingsister

So it looks to my untrained eye that you can't limit their use of it.

I should think it would be reasonable to re route it but I imagine you should get the agreement of the users?

somethingcorporate

Even if you did reroute would it actually stop them?

The shortest distance between two points is a straight line and if there isn't a physical barrier...

princeofpounds

Yeah it's unfortunate that the greedy landlord has exploited it this way, but there isn't much you can do to stop it. They have a right to cross your garden.


As for re-routing... courts are quite strict on this. If the occupants of the property want to use the historic route, they must be permitted to, even if another route would be more logical, let alone private.


However, if they agree to be re-routed then fine, it can work for as long as they feel like complying, but it will not extinguish the original right of way. So don't spend loads of money on a really permanent structure.


You might be better-off looking at other angles, such as HMO regulations (although don't make official complaints if you are thinking of selling unless you are happy to disclose them)

Herbalus

somethingcorporate wrote: »

Even if you did reroute would it actually stop them?

The shortest distance between two points is a straight line and if there isn't a physical barrier...

That's exactly why I was thinking of putting a whacking great fence up. If allowed of course, that's why I thought I'd see what random internet commentators thought... :T