Private road access

mlj1968

I own a property on a normal estate but adjacent to it is a private road to garages behind my property. Now access to my back garden through my gate is on this private road. On only 5 occasions over 4 years have I needed vehicle access to this gate for about 10 minutes each time. As soon as this happens someone from the row of houses that own the private road appear out of knowhere telling me I can’t do that & at one point getting extremely abusive. The road is private but there’s no sign & the van driver didn’t know when he pulled up at my back gate. Surely I have a right of access to the rear of my property for short term access when I can’t transport something through my house. Any help please. 

seradane

What do your title deeds say?

Ditzy_Mitzy

It may not be as simple as you think.  A private road is just that, one which doesn't belong to the public.  Many are accessible to ordinary traffic, but they don't have to be.  Your Title Deed should specify what rights you have in relation to the private road.  If they are silent then the likelihood is that you have no rights at all.  The gate doesn't make any difference.  

AdrianC

mlj1968 said:

I own a property on a normal estate but adjacent to it is a private road to garages behind my property. Now access to my back garden through my gate is on this private road. On only 5 occasions over 4 years have I needed vehicle access to this gate for about 10 minutes each time. As soon as this happens someone from the row of houses that own the private road appear out of knowhere telling me I can’t do that & at one point getting extremely abusive. The road is private but there’s no sign & the van driver didn’t know when he pulled up at my back gate. Surely I have a right of access to the rear of my property for short term access when I can’t transport something through my house. Any help please. 

No, you do not necessarily have a right of vehicular access over somebody else's land.

If there is no RoW explicitly listed on either your title or that of the land in question, then you don't.

If you could establish long-lasting habitual use, then you may have, but once a year would not count.

Even if you did, it would likely be access only, so would not include parking on their land to unload - especially if that restricted access to other properties or people. I presume the van did not pull through your gate and park on your land...?

Section62

AdrianC said:

No, you do not necessarily have a right of vehicular access over somebody else's land.

^This, and with extra emphasis on the "vehicular" part.

Even if someone has access rights on foot - either explicitly in deeds, or because there's a public footpath along a private road - those rights won't automatically include vehicular access.

Also, "vehicular" in this context can include things like cycles, carts and trolleys, not just cars and vans.

kayleighali

As above check your deeds.

If nothing is mentioned, could you approach the owners of the houses in question to discuss a plan for when you need vehicular access to your back gate? I am sure most people would be accommodating provided that it is not blocking access for anyone else and it is short term

lookstraightahead

So  try is your be happy for someone to gain access to their, say, shed, via your back garden?

what if you were terraced? How would you get access to your back garden then? 

mlj1968

There’s a transfer of deeds I think from 1979. This mentions old laws & about access to my property for services repairs but has one paragraph which might or might not relate to the issue. 

Section62

mlj1968 said:

There’s a transfer of deeds I think from 1979. This mentions old laws & about access to my property for services repairs but has one paragraph which might or might not relate to the issue. 

Towards the start of the document it should define what is meant by "the Estate" - that will be important in interpreting the paragraph "(b)".

In any event, "pass and repass" doesn't include parking.