Access to Shared Shed - now a rental property

Formosa

I have a traditional terraced house with an old style outside toilet which is on my neighbours land but which I have access to. We verbally agreed to convert the indivdual toilets into a joint building for aesthetic and security reasons. I have since moved out and now let the property but the neighbours are refusing to give me a key to access the shed. They say it is because they do not want any tenants they do not know using the shared access across their garden and using the shed.

My questions are:
- Can I insist that the tenants have access as they are renting my whole property?
- What are the steps / procedures to follow to demand they give me access / a key - they claim it will cost me 6000 to get a court order and is the reason why they are refusing access as they assume I will not bother. Even if I cannot give tenants access I would like a key so that I can access it and store / retrieve items that are in the shed

Thanks for any advice!

Pixie5740

Formosa wrote: »

I have a traditional terraced house with an old style outside toilet which is on my neighbours land but which I have access to. We verbally agreed to convert the indivdual toilets into a joint building for aesthetic and security reasons. I have since moved out and now let the property but the neighbours are refusing to give me a key to access the shed. They say it is because they do not want any tenants they do not know using the shared access across their garden and using the shed.

My questions are:
- Can I insist that the tenants have access as they are renting my whole property?
- What are the steps / procedures to follow to demand they give me access / a key - they claim it will cost me 6000 to get a court order and is the reason why they are refusing access as they assume I will not bother. Even if I cannot give tenants access I would like a key so that I can access it and store / retrieve items that are in the shed

Thanks for any advice!

What do your deeds say about access?

lincroft1710

It is too late now, but what you did was very unwise. The neighbour has probably gained possession of your former toilet.

AnotherJoe

Your wording is somewhat strange, you say "you" have a outside building implying ist your property, but its on someone elses land which seems contradictory. Are there deeds or similar which show you do have access to it and it is yours? Is it connected or freestanding?
Are they refusing to give you your possessions in the shed?

Comms69

The issue is ofcourse that if they behave unreasonably, then it will cost them £6,000 when the court awards costs....

moneyistooshorttomention

Is there some sort of different way of drawing red line on Title Plans of properties to show property that is owned by one owner but surrounded by land owned by another owner? (eg a dotted red line, rather than thick red line)?

I'd be checking that and original Deeds if you have them to see what the legal position is.

EDIT; Failing that - it's possible to erect a small internal wall pretty quickly and cheaply - and just divide your 50% of the space back off again - so that the neighbours have nothing to gain and, even if you/your tenant, couldnt use your bit - they couldnt either.

middleclassbutpoor

Just pay for a stud wall to be put in to separate.

Norman_Castle

Even if I cannot give tenants access I would like a key so that I can access it and store / retrieve items that are in the shed

Do the tenants really need access? Just because its owned as part of the property that doesn't mean it has to be available to the tenants. Ask for a key just for your use. Its the simplest way and ensures your rights on ownership and use are not watered down in any way.

Personally I understand the neighbours perspective over the shed although as your property has a right of access they cannot exclude your tenants having access across their land.
They agreed to share it with you and not whoever lives there. If you cannot agree over shared use dividing the sheds again could be the only solution.

Would selling your share of the shed to them be a possibility?

newbieFTB

Is it anything like this OP?



My friends house is green and the red is her garden and brick built sheds (one was a toilet) and they kind of zig-zag with the neighbouring house - the blue is the neighbour's but they don't have access to each other's property as there is only one door on the side of the 'owner'.

If it's a similar set up I'd check the documents you got when you bought the house and it will show the boundary, in my friends case the boundary is the black line between the red and the blue sheds.

G_M

1) your access rights are unclear from your post. Please:


* quote the relevant wording in your Deeds
* quote the relevant wording in their deeds
* quote precisely what was said, or better still written, regarding any subsequent arrangement/agreement

In matters of law, exact wording can be vital.

2) Assuming there IS a right of access for your property, you should enforce it. The tenants have the benefit of that right (if it exists) but by allowing the neighbour to deny them access you simply postpone (or worse, negate) your rights

3) It may indeed initially cost you money to go to court. But if you win (see question 1 above!!!) you will claim ypur costs against the neighbour so it will cost them, not not

4) having said all that, if you can resolve this amicably out of court, that is far preferable.

Slithery

I can't recall exactly what's niggling at me, but I seem to remember that there are different regulations regarding renting out only part of a property in the way you describe. I can't remember whether it's to do with council tax or something else.

The important question still remains though, is this property on your land or is it on your neighbours and you have a right of use/access via your deeds.