Right of way dispute

coodzi

Hello, long time lurker, first-time poster. I am looking for some advice around the right of way.

We purchased and moved into a mid-terrace house 18 months ago. At the time of purchase, our solicitor and surveyor stated we had right of way through the neighboring garden to access the public highway (pretty typical in a terrace house). This is also stated on OUR title deeds but not the neighbor's

When we first came to need it for renovations, the neighbor was very reluctant to let us use it and has it constantly padlocked from their side and don't have access to the key. It's been an issue ever since - We're now undergoing garden work and major building work upcoming so we're trying to get this resolved.

Here are the interesting points:

- Our title deed states the right of way agreed in 1989
- The drawing from Land registry showing a path is from 1989.
- Since then there is now a conservatory built upon the path on the neighbor side (been there pre 2011).
- Our house was also extended in 2012 by previous owners.
- The gate the neighbor locks is further up the garden than where the drawing shows

So my questions are: Are the neighbors wrong for not allowing us access? Does the fact the path doesn't exist a problem due to their conservatory and the extension on our property? How would you suggest we resolve this?

Thank you in advance and happy to provide further information.

davidmcn

coodzi wrote: »

- Since then there is now a conservatory built upon the path on the neighbour side (been there pre 2011).
- The gate the neighbour locks is further up the garden than where the drawing shows

Did you discuss this with your solicitor? Can you access your end of the route (if there were a gate there)? The neighbour building a conservatory on the route is their problem - in theory you've still got a right to go through their conservatory...

coodzi

davidmcn wrote: »

Did you discuss this with your solicitor? Can you access your end of the route (if there were a gate there)? The neighbour building a conservatory on the route is their problem - in theory you've still got a right to go through their conservatory...

Thank you. If we are staying true to the 1989 drawing, I'd have to knock through a garden wall and create a door on their conservatory... If I could actually get through the current gate, I am perhaps 1.5-2m away from the original path.

I should add they bought their property with the conservatory already there. Our solicitor checked with the seller if they had:

A) any issues accessing the right of way (No was the response)
Had been asked to pay for any upkeep as the deed states (Again no was the response)

davidmcn

coodzi wrote: »

Our solicitor checked with the seller if they had:

A) any issues accessing the right of way (No was the response)
Had been asked to pay for any upkeep as the deed states (Again no was the response)

Was your solicitor aware that the route shown in the deeds was obstructed?

coodzi

As far as I am aware, no they were not.

G_M

A ROW is a ROW.


Assuming it is genuinely a ROW (it sounds like it is) then it cannot be obstructed, and ultimately you could go to court to get enforcement.


Expensive, stressfull, time-consuming an guaranteed to build good eighbourly relations!


If you can appeal to your neghbours and come to a compromise (eg one that won't involve them having to demolish their conservatory!) that is by far the best way to go.

Our title deed states the right of way agreed in 1989
- The drawing from Land registry showing a path is from 1989.

A bit more info might help. It seems strange there is not a corresponding entry on your neighbour's Title.


Is your entry just a reference to a Deed/Conveyance "dated xx/xx/xxxx?" If so, do you have a copy of that, or is it available from the LR (paper copy costs £7)?

coodzi

G_M wrote: »

A ROW is a ROW.


Assuming it is genuinely a ROW (it sounds like it is) then it cannot be obstructed, and ultimately you could go to court to get enforcement.

If you can appeal to your neghbours and come to a compromise (eg one that won't involve them having to demolish their conservatory!) that is by far the best way to go.

Is your entry just a reference to a Deed/Conveyance "dated xx/xx/xxxx?" If so, do you have a copy of that, or is it available from the LR (paper copy costs £7)?

Thank you for your reply. Of course I do not want things demolished etc. That also means demolishing my extension I suppose.

Can the new gate that they are locking not become the "new path" joining the old right of way?

Yes - I have copies of my Deed (drawing of the path which is not accessible due to their conservatory which came first!) and our wall), Title and Register. The register states in redacted terms: "access at all times from today and for all purposes to pass with or without hand barrows along the path colored green on the plan annexed hereto."

G_M

coodzi wrote: »

Can the new gate that they are locking not become the "new path" joining the old right of way?
Since this ROW appears to affect 2 properties only (as opposed to being a public ROW) the 2 owners can agree whatever they want.


Yes - I have copies of my Deed (drawing of the path which is not accessible due to their conservatory which came first!) and our wall), Title and Register. The register states in redacted terms: "access at all times from today and for all purposes to pass with or without hand barrows along the path colored green on the plan annexed hereto."

What does the Deed itself say?
Who were the original parties to the Deed?
Why was the Deed never registered against the neighbour's property but was registered against yours?

coodzi

G_M wrote: »

What does the Deed itself say?
Who were the original parties to the Deed?
Why was the Deed never registered against the neighbour's property but was registered against yours?

The land has the benefit of the following rights granted by a Deed dated 10 April 1989 made between (1) xxxxxxx (Grantor) and (2)xxxx & xxxxx (Grantees):-
"The Grantor as beneficial owner hereby grants to the Grantees ALL THAT
the right for the Grantees and their successors in title owners or
occupiers for the time being of the blue land and their tenants
employees and all other persons authorised by them at all times from
today and for all purposes to pass with or without hand barrows along
the path coloured green on the plan annexed hereto.
The Grantees hereby jointly and severally covenant with the Grantor and
her successors in title to contribute on demand by the Grantor or her
successors in title one moiety of all costs and expenses of keeping the
said path in as good and proper repair and condition and well and
sufficiently drained as it is at the date hereof."

Removed personal information.
The annexed plan is the drawing of said paths. Unfortunately, I do not have the answer to your last question, but it baffles me too.

Norman_Castle

How old are the houses? Could the 1989 ROW agreement been to re-route the ROW to allow for the conservatory?

davidmcn

coodzi wrote: »

Can the new gate that they are locking not become the "new path" joining the old right of way?

The correct method would have been for the parties to agree (and register) a diverted route before the conservatory was built. The right of way doesn't automatically shift to an alternative route (unless the deed specifically allows for that).