Building a gate and fence, legal issue

Toblerone123

Hi, i'm having an issue with my neighbour about me wanting to put a gate and fence up in our back garden to separate our property.
There is a 'road' running across the end of my back garden, however its completely inaccessible by car and every one else beyond us in the row has claimed the road as their garden and fenced it off, which is fine as we have no need to pass through their gardens.
We are the 2nd house in the row meaning we can use our neighbours back garden (in the first house) to access ours, and this is where I want to put a fence and gate.
The neighbour is really kicking up a fuss about it saying that we cannot do it because it is a road, however his garden and the steps that he has put in place are what make the 'road' inaccessible by car (although it would be a tight squeeze to get a car past his house and garage).
In my deeds, it states: to go pass and repass with or without horses carts carriages and motor cars along over and upon the road'. It also shows that the part of the 'road' at the end of our garden also belongs to us, so it is our land.
I can't afford a legal battle with this guy, i just want to secure my property. Just hoping someone might have some advise on what best to do?

Thanks

Comms69

He’s right, but a legal battle might cost him his extra garden space.

Mojisola

Toblerone123 wrote: »

We are the 2nd house in the row meaning we can use our neighbours back garden (in the first house) to access ours, and this is where I want to put a fence and gate.

The neighbour is really kicking up a fuss about it saying that we cannot do it because it is a road, however his garden and the steps that he has put in place are what make the 'road' inaccessible by car (although it would be a tight squeeze to get a car past his house and garage).

In my deeds, it states: to go pass and repass with or without horses carts carriages and motor cars along over and upon the road'.

If he gets advice from a solicitor, they will point out that he will have to reinstate his part of the right of way if he insists on you leaving the access open.

Toblerone123

Surely he must know that he also has to comply to it then. I guess I will just have to approach him and say that if I cannot put a fence up as it is a 'road' then I want to be able to park my car there instead, meaning he will loose all his garden (as his house backs right up to the road).
I hate neighbour fall outs, I really cannot understand why he is kicking up such a fuss. He has previously told me he wanted a fence up there himself but the woman who used to live in my property wouldn't allow him to do it.

G_M

Who owns the road?

D_M_E

You cannot park on it - your quote means you can only go along it, not stop.

He is, as has been pointed out, in breach himself by encroaching with his own additions.

As G_M says, you need to find out who owns it.

Also, the other neighbours who have extended into and fenced off bits of it are in breach of the same covenant which will probably be in their deeds as well.

Mojisola

Toblerone123 wrote: »

In my deeds, it states: to go pass and repass with or without horses carts carriages and motor cars along over and upon the road'.

It also shows that the part of the 'road' at the end of our garden also belongs to us, so it is our land.

G_M wrote: »

Who owns the road?

It sounds as if the width of the road is part of each garden, just that the neighbours have a ROW across it.

As they have blocked their own access points, the ROW is in effect defunct.

anselld

You are trying to have your cake and eat it... secure your own property but have a gate and right of way over his.

Perhaps he would be more amenable if there was no gate and no access requirement.

Davesnave

Mojisola wrote: »

It sounds as if the width of the road is part of each garden, just that the neighbours have a ROW across it.

As they have blocked their own access points, the ROW is in effect defunct.

What would the OP do if they installed their new fence and gate, then the third house changed hands and its new owner insisted in reinstating a back entrance, cut a hole in their fence and popped a gate in?.

Legally, they'd be bound to give this access, so how then would they "secure their property?"

These back lanes were put there originally so that refuse collectors could reach bins and people could get heavy materials/ bicycles onto their property without taking them through terraced houses.

People's fear of burglary, selfishness and a desire to be 'private' have led to many back lanes becoming impassable now, but the inconvenience this causes is rarely acknowleged.

bouicca21

One of the reasons these back lanes get closed off is that they make ideal access for burglars. Also the bin men (I feel compelled to add bin women, though have rarely seen one) don't used them anymore. The police often advise blocking them off.

Mojisola

Davesnave wrote: »

What would the OP do if they installed their new fence and gate, then the third house changed hands and its new owner insisted in reinstating a back entrance, cut a hole in their fence and popped a gate in?

Legally, they'd be bound to give this access, so how then would they "secure their property?"

Absolutely - and it could well happen.

Whatever Toblerone decides to do with the land, it would be worth making it easy to undo in case that happens.

The first neighbour might be happier with their plans if a fence is put up without a gate - and that will make their garden more secure as well.