Neighbour using alley but has no right of access - wants to buy access

LilMissSunshine

I own a mid terrace house and its clearly stated on my title deeds that I own the alley that runs at the end of my garden to provide me with access to my garden and a convenant that provides my neighbour next door to me on the left with access to his back garden. The house to my right its on the corner of a side street and a garage at end of their garden so no access to the alley.

The issue is with the house at then end of the garden facing the side street. In previous times someone put a gate on their side but I have made it clear to all previous owners they do not have access rights after some issues with them blocking the alley with bins etc. 

The house was sold a few months ago and now the new neighbours are using the alley probably assuming they have rights. I've spoken to them as they have dumped a load of rubbish blocking my access. They are asking how do they get access rights.. does anyone know. I presume at the very least my title deeds will need to be updated so there will be a cost associated

Bendy_House

Why would you want them to have access? Their predecessors were a pain because of it!

Do they have a valid reason for wanting access, or would it just be a useful 'extra' for them?

secla

Depends how you want your neighbourly relations to go.

You could just let them use it on the understanding they dont block it. Im sure you could sell them access and get it added to the covenant but then you have no say about them using it or anyone that buys the house after them. Alternatively block it somehow so they cant use it. all depends what kind of relationship you want with them

theoretica

They start, by getting and keeping in your good books - so I trust they have removed that rubbish.

If you own the land you can let anyone you choose use it - so there doesn't need to be updating of title deeds or anything.  All that gubbins would do would be remove your ability to restrict access in future. Unless you want to sell them the alley or something. It seems much more pragmatic to reach an arrangement where you let them have access in return for help with upkeep (if you want that) wine, and acknowledgement each year that it is your land and you can remove access whenever you choose to prevent them getting any established rights or overstepping the mark with blocking it.

LilMissSunshine

They are looking for access because its good for them - otherwise they would have to take everything through their house to put it in their garden. Naturally of course I would give them persmission to access the alleyway to make repairs to the side of their house.

I have given them a timeframe to remove the rubbish by.

I guess I am being a bit selfish and looking after my own interests. I wouldn't mind if they had rights to access it as my neighbour does but its clear that its kept free but I don't see why I should give that for free.

So I was just curious if anyone knew how someone determines what an appropriate amount is to pay for access rights. For now they are clear on they can't access it and need to remove their rubbish. I can see why they want it formally done that they have rights to access as it means it cannot be withdrawn at any point and thats fair reason.

Ms_Chocaholic

If they have asked for access and their rubbish is still there it would be a firm no from me, they just sound like trouble.

NameUnavailable

Yes, I think 'access' to them means a dumping ground. I'd say no and I'd chuck their junk back in their garden!

canaldurhone

You could grant them a licence to use the alley for specific purposes with specific conditions. A licence can be removed whenever you want.
Or you could grant them a Right Of Access via a covenant in a Deed which would be written into your and their Title deeds. This would bind you and any success successors to your property and them ad their successors. It could only be removed if both owners agreed. You could charge them whatever they are wiling to pay (plus your legal costs) if you went down this route, since apart from anything else it could increase the value of their property. when they sell.

eddddy

Obviously, I don't know what type of a relationship you have with your neighbours etc, but I'd be tempted to go for a much simpler, informal option...

I would simply give them permission to use the alley for occasionally taking things backwards and forwards to their garden. And you can specify whatever 'rules' you choose - like what type of things they can take (e.g. rubbish, lawn mower, etc), if they need to check with you each time, etc.

(A bit like I have given permission to my neighbours to occasionally let their guests and/or visiting tradesmen park on my drive - and vice versa.)

Then, if you don't like the way they are using the alley - e.g. excessive use, storing things, blocking access, causing damage - you can warn them and/or withdraw your permission.


And if they should sell their house to somebody else, you can decide whether you want to give similar permission to the new owners.

Norman_Castle

LilMissSunshine said:

They are looking for access because its good for them - otherwise they would have to take everything through their house to put it in their garden. Naturally of course I would give them persmission to access the alleyway to make repairs to the side of their house.

Would unrestricted access be good for you? If access is only required irregularly asking permission from you is all thats needed. I'd aim to keep it as it is to avoid having to police how its used.

Its odd there is no access through this route, was there alternative access before the garage was built or from elsewhere? Is the garage theirs?

Elliott.T123

I agree with with some others have said, I would advise not updating anything on the deeds to give them permanent full access, that could affect future sale prices etc.

Much easier to agree verbal or even written consent that they may use the alley for access on the basis of xy&z (say it is kept clean etc) but on the basis that consent may be withdrawn at any time.