Access to rear gardens under one ownership.

Jeepers_Creepers

Fosterdog said:

You keep saying it's a mid terraced house but from the plan you have drawn and the fact there is an entrance at the side of the property so it would be an end of terrace so perfectly normal for it to have access that mid terrace properties don't have

My friend - who is not involved in this issue as she does, indeed, live in the end property with her own side access - was simply relaying the situation to me.

The owner of the rear path which runs behind the gardens of the other three terraced properties lives in 'No3', which is the middle house. She has suddenly enforced her 'ownership' by preventing the other two houses from accessing this path via their timber fence gates which have existed for as long as these folk have lived there. She's done this by installing a new, locked, gate at the entrance to the path, and by padlocking - from the outside - the timber garden gates of the other houses. 

It would appear that she is the rightful owner - the path is bordered red on her title deeds - and the other house owners, having checked their deeds, find that they are only entitled access in order to maintain their fences.

That's it in a nutshell. It's a 2007 development by a national builder. It strikes me as being quite bizarre, but seemingly no-one else does. It also strikes me as an almost guaranteed recipe for antagonism from the off. 

davidmcn

Jeepers_Creepers said:

Fosterdog said:

You keep saying it's a mid terraced house but from the plan you have drawn and the fact there is an entrance at the side of the property so it would be an end of terrace so perfectly normal for it to have access that mid terrace properties don't have

It would appear that she is the rightful owner - the path is bordered red on her title deeds - and the other house owners, having checked their deeds, find that they are only entitled access in order to maintain their fences.

That's it in a nutshell. It's a 2007 development by a national builder. It strikes me as being quite bizarre

Doesn't it strike you as bizarre that these owners have only now bothered to check what their rights are, rather than doing so, for example, during the process of them buying their houses?

Jeepers_Creepers

I can only speak for the person at No2 - she's renting the property, so almost certainly didn't check deeds and stuff. 

Anyhoo...

getmore4less

This has been a standard setup for a terrace row for years, there was probably some planning legislation changes to cover access right to the rear.

In the old days the access paths would often run along the house line for a terrace, seems the preferred method now is the long way round so each property can have exclusive use of the space just outside the house.

I would check the deeds again there should be access right to use the path that is what it is there for.
typically you would see No.2 have their gate in the top right corner and that bit of path included in their plot.

What does the planning say?

Jeepers_Creepers

getmore4less said:

This has been a standard setup for a terrace row for years, there was probably some planning legislation changes to cover access right to the rear.

In the old days the access paths would often run along the house line for a terrace, seems the preferred method now is the long way round so each property can have exclusive use of the space just outside the house.

I would check the deeds again there should be access right to use the path that is what it is there for.
typically you would see No.2 have their gate in the top right corner and that bit of path included in their plot.

What does the planning say?

Thanks GM4L. 

The estate was built in 2007, and that rear path has been there from the beginning.

The only info I have - second hand from my friend - is that the owner of one of the other houses checked their deeds and confirmed it said access was 'for maintenance/repair of fence/boundary' - I don't know exactly what the wording was.

I'll report back as I hopefully get more info...  

wilfred30

Jeepers_Creepers said:

The latest thing to happen is, the lady at 'No3' had a builder in to install a locked gate at the start of the path which runs to the rear of the three properties shown (all the houses except my friend's at 'No1'). This path has been used constantly to gain access to the backs of these gardens, and to allow recycling bins to be wheeled out from there for collection every fortnight. The lady at No3 has also fitted padlocks to the backs of the gates - certainly to No2's - to prevent her from exiting her garden on to that path.

I'm pretty sure the woman from no. 3 can't put a padlock on the outside of other neighbour's gates as she doesn't own them.  She is also presumably not allowed to block their access for maintenance as stated in their deeds.

If I lived at no. 2, I'd be tempted to climb over my rear gate with a pair of bolt cutters! 

Jeepers_Creepers

wilfred30 said:

Jeepers_Creepers said:

The latest thing to happen is, the lady at 'No3' had a builder in to install a locked gate at the start of the path which runs to the rear of the three properties shown (all the houses except my friend's at 'No1'). This path has been used constantly to gain access to the backs of these gardens, and to allow recycling bins to be wheeled out from there for collection every fortnight. The lady at No3 has also fitted padlocks to the backs of the gates - certainly to No2's - to prevent her from exiting her garden on to that path.

I'm pretty sure the woman from no. 3 can't put a padlock on the outside of other neighbour's gates as she doesn't own them.  She is also presumably not allowed to block their access for maintenance as stated in their deeds.

If I lived at no. 2, I'd be tempted to climb over my rear gate with a pair of bolt cutters! 

I suspect they can still ask for access for maintenance, and she'd certainly be obliged to comply with that. Perhaps one request per week?

Tiglet2

There might be something like this in neighbours 2 and 4's deeds about rights of way:

The land has the benefit of the following rights reserved by a Transfer dated 6th June 20...... made between (1) Developer name and (2) Neighbour No. 3 "Rights for the Transferor and its Successors in title and the occupiers of the adjoining properties and all others entitled to the rights to pass and repass over and along the land comprised in Title No......... for the purpose of access for maintenance purposes.

If the neighbours at 2 and 4 do have rights in their deeds, then No. 3 shouldn't be restricting their access with a locked gate (unless she gives them both a key) and would also have no right to place bolts on their garden gates.

However, we would need to see the EXACT wording in the neighbours and the owner's deeds to advise more accurately.

You say that your friend is not affected because she is at the end so why is she or you so interested/invested in this?

greatcrested

Tiglet2 said:

There might be something like this in neighbours 2 and 4's deeds about rights of way:

The land has the benefit of the following rights reserved by a Transfer dated 6th June 20...... made between (1) Developer name and (2) Neighbour No. 3 "Rights for the Transferor and its Successors in title and the occupiers of the adjoining properties and all others entitled to the rights to pass and repass over and along the land comprised in Title No......... for the purpose of access for maintenance purposes.

If the neighbours at 2 and 4 do have rights in their deeds, then No. 3 shouldn't be restricting their access with a locked gate (unless she gives them both a key) and would also have no right to place bolts on their garden gates.

However, we would need to see the EXACT wording in the neighbours and the owner's deeds to advise more accurately.

OP has already been asked, but declines to pay the exorbitant £3 (each) for the Titles, prefering to continue to make suppositions and encourage others to speculate.

Jeepers_Creepers

Thanks Tiglet.

Why the interest? Because it's interesting, and my friend is a nice neighbour who is trying to help. I have passed on the link to the land registry (thanks GreatCrested) and will see what they'll do with that. 

I'll report back.