Terraced right of way access changed

JReacher1

This sort of inconsideration does shine a light on why the neighbours at property 4 don’t like property 3

silvercar

Can number 3 rely on number 2's ROW through your back garden? Are they using the RoW as guests of number 2? Is that allowed?

loubel

I agree, you have been very tolerant so far. Allowing 2 months of temporary access does not give number 3 any rights over your land and you are quite entitled to tell them to stop using your access now. Let number 2 know that the agreement has ended so they can block up the access between 2&3 if desired - presume they will be keen on this too! If number 3 has blocked up their  proper access then that's their issue, not yours. 

stuhse

MPE-J said:

For clarity, 2 has an access right through my garden, it was laid out in the feeds and agreed.

3 has their access through 4, which is a rental property.

basically the two middle terraces have access rights through their nearest end terrace neighbour.

So why is there a gate/access between 2 and 3 ?  Are you sure the rights you've laid out above are whats in the deeds, or do all properties have reciprocal rights of way right along the path across the backs of all the houses ?

stuhse

The_Unready said:

First, check your house deeds and those of No 3 to ascertain the precise details of any RoWs/access rights.

Once you have this info you will either need to inform No 3 that their access is no longer agreed (assuming the deeds support that) or come to an informal agreement on usage if the deeds support their access rights.

I can't see a way of doing that without communicating with No 3 in one way or another.

If the deeds give No3 access  what other agreement are you thinking is needed ?

MPE-J

stuhse said:

MPE-J said:

For clarity, 2 has an access right through my garden, it was laid out in the feeds and agreed.

3 has their access through 4, which is a rental property.

basically the two middle terraces have access rights through their nearest end terrace neighbour.

So why is there a gate/access between 2 and 3 ?  Are you sure the rights you've laid out above are whats in the deeds, or do all properties have reciprocal rights of way right along the path across the backs of all the houses ?

The builder doing number three’s garden took out the fence and put in a gate between 3 & 2.

number 2 are both in their eighties and wouldn’t say boo to a goose.

RAS

MPE-J said:

stuhse said:

MPE-J said:

For clarity, 2 has an access right through my garden, it was laid out in the feeds and agreed.

3 has their access through 4, which is a rental property.

basically the two middle terraces have access rights through their nearest end terrace neighbour.

So why is there a gate/access between 2 and 3 ?  Are you sure the rights you've laid out above are whats in the deeds, or do all properties have reciprocal rights of way right along the path across the backs of all the houses ?

The builder doing number three’s garden took out the fence and put in a gate between 3 & 2.

number 2 are both in their eighties and wouldn’t say boo to a goose.

Explain to number 2 that you are bigger than a goose?

propertyrental

Please quote the precise wording regarding ROWs in your deeds. And Number 2's, number 3s and number 4s deeds.

That will baseline everyone's rights, which so far are just vaguely referred to summed up, rather than allowing us to respond categorically.

Further to whatever is in the various deeds, you have granted a licence to number 3 (and their contractors) to cross your land. Such a licence can almost certainly be withdrawn, though again, we would need to know the exact terms of that licence, whether it was written down or agreed verbally. So... what was the licence agreement?

Finally, whilst you my have granted a licence to number 3 to cross your land, did number 2?

As for 3 Vs 4, well, 4 seems to hav an obigation toallow 3 to cross their land, so rather than blocking off the access, 3 should be enforcing their rights over 4, thus removing any need for licences grantd to them by you and 2.

MPE-J

I’ll have a look as to what feeds I can find.

As for licenses to access, a sweaty man with a wheelbarrow knocked on my back window in December and said ‘he needed to come through, was that ok?’ I meekly nodded feeling a bit bewildered and there the story starts.

MultiFuelBurner

MPE-J said:

I’ll have a look as to what feeds I can find.

As for licenses to access, a sweaty man with a wheelbarrow knocked on my back window in December and said ‘he needed to come through, was that ok?’ I meekly nodded feeling a bit bewildered and there the story starts.

Meekly nodded 

I know this might be difficult but given what you say about the builders putting in the access gate between 3 & 2 and them being in their 80's you really need to have a nice word with number 2.

You allowed access but now it is affecting your enjoyment of your property and you revoke their temporary access. What they do now is up to them they either patch things up with number 1 or take building materials through their house.