Access Path behind Row of 14 Terraced houses

Annie1980

Hello,
I live in a house in the middle of a row of 14.  We each have a back garden, then there is a path for us to take our bins out etc. and then some of us own further land beyond the path.  One set of neighbours, for reasons unknown, have decided to block the path for access for workmen, they did this while I was away, causing our contractors to have to carry all of the materials etc. significantly further.  They subsequently agreed that they would not block access again, but have done this repeatedly.  They have also built in a stepped area that makes it difficult to take the bins out that way.  The path is marked up on OS maps as a road, but the coucil have said that they don't own it.  Is the only option legal action, there is no reasoning with them, they have behaved onoxiously to all neighbours.

ChewyyBacca

Hi Annie
Unable to understand entire plot here. Your contractors doing some job on your land beyond the path? Is it in any way hindering or troubling the 'obnoxious' neighbours? How many of your neighbours affected by the blocking act?

Mojisola

Annie1980 said:

I live in a house in the middle of a row of 14.  We each have a back garden, then there is a path for us to take our bins out etc. and then some of us own further land beyond the path. 

One set of neighbours, for reasons unknown, have decided to block the path for access for workmen

Check that you have a right of way along the path.

If you do, as is most likely, your neighbours have no right to restrict your access by changing the level or blocking access.

If necessary, you will have to get a solicitor involved.

Annie1980

ChewyyBacca said:

Hi Annie
Unable to understand entire plot here. Your contractors doing some job on your land beyond the path? Is it in any way hindering or troubling the 'obnoxious' neighbours? How many of your neighbours affected by the blocking act?

We were having work done on our roof, but have got landscaper booked to work on the plot that is beyond the path. Access doesn’t impact on the obnoxious neighbours at all.  It’s definitely just a bit of a power trip. It’s only really affected us so far, apparently they’ve always been obnoxious but the other neighbours would rather just put up with it.

sgun

A common set up in colliery terraces. There will probably be something in someones deeds about access. I say "in someones" as it might not be in yours. On my old street my next door neighbour had an easement written into the deeds that stated that the entire path for 15 houses was to remain no less than 6 foot wide for vehicle access. Other neighbours had this too although the path had shrunk to around 3 foot in places.This wasn't detailed on mine though but it would still apply. So maybe get your neighbours to dig out the deeds and look for the restrictions on use. Ours wasn't council owned, everyone owned the strip between house and gardens and were obliged to maintain it. t will be difficult for you to enforce however without a solicitor. I'm in the NE and all the terraces had the same set up, few were council owned.

AskAsk

sounds like it is a private road.  terrible when inconsiderate people do this.  i think your recourse will be employing a solicitor but that would be expensive.

ElephantBoy57

Annie1980 said:

One set of neighbours, for reasons unknown, have decided to block the path for access for workmen, they did this while I was away, causing our contractors to have to carry all of the materials etc. significantly further.  They subsequently agreed that they would not block access again, but have done this repeatedly.  They have also built in a stepped area that makes it difficult to take the bins out that way.  The path is marked up on OS maps as a road, but the coucil have said that they don't own it.  Is the only option legal action, there is no reasoning with them, they have behaved onoxiously to all neighbours.

Maybe if you posted a photo, people would be able to understand. You need to read yours and possibly your neighbours deeds, available from the Land Registry for £3 each

You need to get the facts about your rights.

To me it seems like your opinion of these neighbours is clouding your view, I think if they own the land, they are perfectly within their rights in install steps. Perhaps a slope was slippery in the winter?

Annie1980

ElephantBoy57 said:

Annie1980 said:

One set of neighbours, for reasons unknown, have decided to block the path for access for workmen, they did this while I was away, causing our contractors to have to carry all of the materials etc. significantly further.  They subsequently agreed that they would not block access again, but have done this repeatedly.  They have also built in a stepped area that makes it difficult to take the bins out that way.  The path is marked up on OS maps as a road, but the coucil have said that they don't own it.  Is the only option legal action, there is no reasoning with them, they have behaved onoxiously to all neighbours.

Maybe if you posted a photo, people would be able to understand. You need to read yours and possibly your neighbours deeds, available from the Land Registry for £3 each

You need to get the facts about your rights.

To me it seems like your opinion of these neighbours is clouding your view, I think if they own the land, they are perfectly within their rights in install steps. Perhaps a slope was slippery in the winter?

I understand what you are saying, I actually have no particular dislike for them, it’s just this situation that is annoying. They don’t own the land that they are blocking, they openly acknowledge that we have the right of access. We tell them that we are having some work done so will need access for a few days and they purposefully block it.

i was hoping there would be another way forward but it seems like it’s legal action.

 Thanks anyway.

elsien

Sounds like mine. 
Path that runs along the back of the terraces, usually opening round onto the pavement at each end. Originally to allow coal deliveries to be brought through. 
So each house has side return, opening onto the path, then the garden on the other side. If someone blocks off one end of the path you have to access from the other end. 
Ours is slowly being blocked off by tenants who don't understand the set up, with landlords who are oblivious/don't care. 
I do remember when I bought I didn't have ownership of the path,  just the yard and garden each side. 

xylophone

You need to check your deeds.

I know somebody who owns an Edwardian terraced house - each house has a front garden  with path to the public highway and an archway leads from the highway to the rear where a path runs behind the terrace. Each house has a yard opening on to the path  which gives access to individual garages and gardens.

The deeds show that each house  owns  its own section of this path  but each house owner must allow his neighbours pedestrian and vehicular access to pass and re-pass over his section of the path.

A certain neighbour who put child gates round his section of the path had to be reminded of the terms of the deeds....

Jeepers_Creepers

Hi Annie.

Do you have Legal Protection included in your house insurance? If so, call them up for advice - but it's worth getting a copy of your and this neighbour's deeds first so that you know the true situation with both ownership and access over that path. 

LP will usually only take on clear-cut cases that they are confident of winning, so it's a guess as to how likely they are to become involved in this sort of dispute ('tho' the deeds should hopefully make it clear whether the neighb is breaching conditions), but I'd hope they'd at least guide you and probably even send out a letter - it really depends on the 'case'.

The 'stepped area' that this neighb has added - what is its purpose? Can it be 'justified' in any way (eg as suggested above, could be to overcome a slippery slope?), or is it obviously intended as an obstacle? 

When they 'blocked' the path previously, with what?