Right Of Way - Advice Please

bokvis

Hello 

Re: Neighbours Right Of Way

Appreciate some advice / guidance if possible. Basic overview follows

Just after we purchased a property our neighbours approached us asking to purchase a strip of land which would allow them vehicle access to the rear of their property to their garages. (as they had built and extension which effectively “landlocked” their garages.

There is a very old covenant for pedestrian access from the main road allowing for someone to go and draw water at a well onto another property on the other side although the well is no longer in existence.

We lived in a property for 11 years until selling it 5 years ago, just before it’s sale we sub divided the land and kept a small plot which includes the pedestrian right of way. On the day we moved out our neighbour approached stating they intended using the right of way to access the main road – although it would be unpractical and time consuming as would be far easier and quicker to use the paved area as they had being doing for many years…..

We have our plot stimmed once or twice a year, but our old neighbours mow a strip of land (about a car width) on a monthly basis but never use it for access.  It is my understanding that in some cases if someone can prove upkeep on a piece of land for “x” amount of years, they could claim it as theirs

We have approached the council for guidance and they have advised this is a civil matter and does not form part of their remit

Appreciate if there is anyone that may be able to comment which may have had a similar experience or a professional person who has an understanding of this

Many thanks

Slinky

I'm confused. Are there 2 separate properties with 2 separate rights of way issues here?

ThisIsWeird

Some sketches or plans are required to understand this. 

Also post this on gardenlaw.co.uk

ashe

bokvis said:

Hello 

Re: Neighbours Right Of Way

Appreciate some advice / guidance if possible. Basic overview follows

Just after we purchased a property our neighbours approached us asking to purchase a strip of land which would allow them vehicle access to the rear of their property to their garages. (as they had built and extension which effectively “landlocked” their garages.

There is a very old covenant for pedestrian access from the main road allowing for someone to go and draw water at a well onto another property on the other side although the well is no longer in existence.

We lived in a property for 11 years until selling it 5 years ago, just before it’s sale we sub divided the land and kept a small plot which includes the pedestrian right of way. On the day we moved out our neighbour approached stating they intended using the right of way to access the main road – although it would be unpractical and time consuming as would be far easier and quicker to use the paved area as they had being doing for many years…..

We have our plot stimmed once or twice a year, but our old neighbours mow a strip of land (about a car width) on a monthly basis but never use it for access.  It is my understanding that in some cases if someone can prove upkeep on a piece of land for “x” amount of years, they could claim it as theirs

We have approached the council for guidance and they have advised this is a civil matter and does not form part of their remit

Appreciate if there is anyone that may be able to comment which may have had a similar experience or a professional person who has an understanding of this

Many thanks

It used to be that you could claim a plot of land (adverse possession ) by maintaining it and having exclusive use of it but now you need to write to the land owners i believe?

silvercar

This is better placed on the housing board, rather than DIY. I’ll ask the forum team to move it.

MobileSaver

bokvis said:

our old neighbours mow a strip of land ... It is my understanding that in some cases if someone can prove upkeep on a piece of land for “x” amount of years, they could claim it as theirs

It's not entirely clear from your description but if they are mowing/using the strip of land with the owner's permission then they can never successfully claim adverse possession.

Regardless, proving "upkeep" is not enough to claim adverse possession, they need to prove that they had exclusive possession of the land for at least ten years.

propertyrental

bokvis said:

Hello 

Re: Neighbours Right Of Way

Appreciate some advice / guidance if possible. Basic overview follows

Just after we purchased a property our neighbours approached us asking to purchase a strip of land which would allow them vehicle access to the rear of their property to their garages. (as they had built and extension which effectively “landlocked” their garages.

There is a very old covenant for pedestrian access from the main road allowing for someone to go and draw water at a well onto another property on the other side although the well is no longer in existence.

So this is property 'A'. yes? What exactly is your question?

We lived in a property for 11 years until selling it 5 years ago, just before it’s sale we sub divided the land and kept a small plot which includes the pedestrian right of way. On the day we moved out our neighbour approached stating they intended using the right of way to access the main road – although it would be unpractical and time consuming as would be far easier and quicker to use the paved area as they had being doing for many years…..
We have our plot stimmed once or twice a year, but our old neighbours mow a strip of land (about a car width) on a monthly basis but never use it for access.  It is my understanding that in some cases if someone can prove upkeep on a piece of land for “x” amount of years, they could claim it as theirs
We have approached the council for guidance and they have advised this is a civil matter and does not form part of their remit

And this is (unrelated) property 'B'?

Please quote the exact ROW wording and where it is specified.

Council is correct. None of their business.

Is the land registered or unregistered?

See adverse possession here:

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

bokvis

Hello all

Apologies for the delayed response. Our ex-neighbour's boundary is in read. They extended their house to the road which effectively blocked their route to the garage.As mentioned there is an old right of way from the pedestrian gate to the double gate on the sub divided plot we kept. They never bothered using this for 11 years until the day we moved and then started to mow a car width section from the single gate to the double gate by the road

We are more than happy for them to use it, although the people that purchased our property say they only see them mow it but never use it as a bit pointless as easier and quicker to access the roadway from within their own property

Hope this helps explain things better. Thank you

bokvis

We registered the plot when we subdivided the property

ProDave

I presume you sold the "house sold" house but kept what used to be part of the garden?  Are you hoping to get permission to build on that at some point?

You are now worrying that by mowing a car width strip of land they might gain a right of way to drive a car over that?

I would start by making the gate onto the road a single pedestrian gate so there is no chance of them driving a car onto your plot.

propertyrental

Not sure what you mean by 'sub divided plot. Who owns this? All of it, or (as suggested by 'sub divided')  just part? And do you really mean 'sub divided' or just 'divided'? Which part(s) owned by who?

If you sold and moved on, why is any of this your concern?

What exactly is your question? Is it whether you can claim adverse possession? If yes, see the links I provided earlier.

If it relates to some kind of access dispute, please specify.

And, as requested earlier:
"Please quote the exact ROW wording and where it is specified.".