Terraced right of way access changed

diggingdude

If 3 has ROW through 1 and 2 (depends on the deeds), it's like 2 and maybe 1 have ROW through 3 and 4 so they need to take that walo down 

m0bov

Section62 said:

m0bov said:

Just tell 3 you can't have them coming through your garden anymore.

What if 3 has RoW through 2 and 1?

Do we know that?

Section62

m0bov said:

Section62 said:

m0bov said:

Just tell 3 you can't have them coming through your garden anymore.

What if 3 has RoW through 2 and 1?

Do we know that?

We don't know, and it seems the OP doesn't either - see my last post.  That's why I framed the post you've quoted as a question.

If 3 does have right of way then telling them they can't come through may make the situation worse than it currently is, for example 3 may then start using the RoW more frequently just to make a point.

The OP needs to establish the facts before doing anything about stopping others using the RoW.

bluelad1927

Bearing in mind the OP originally stated that 2 had access to 1 and 3 had access to 4, I'd suggest that access is now denied to 3 and if there is any dispute the onus is on 3 to prove otherwise.

saajan_12

Step one is definitely check and quote the ROW terms from the deeds / wherever they appear. That might indicate who exactly has the rights, whether there's any restriction on purpose, how 'open' it needs to be. 

Perhaps you could put up a gate between No 1 and No 2, and then give No 2 a key (but very dependent on whether the deeds prohibit this). 

The access between 3 and 4, though impacts No 3's keenness, isn't actually your business nor problem. 

Section62

bluelad1927 said:

Bearing in mind the OP originally stated that 2 had access to 1 and 3 had access to 4, I'd suggest that access is now denied to 3 and if there is any dispute the onus is on 3 to prove otherwise.

Not quite how it works.

If someone has a right - for example right of way - then there is an obligation on the subservient property not to interfere with that right.  The beneficiary of that right shouldn't have to "prove" it to be able to use it.

If you decide to interfere with someone else's right that you haven't taken the time and trouble to fully understand, you risk the other party opting to take the legal approach - i.e. getting a solicitor to confirm the right and sending you a letter to tell you so.  And then the other party would be free to come after you with a claim for the costs involved.

If there is some kind of RoW on your property then it is important to find out exactly* who has a legal right to use that way (and how) before you start telling people they can't use it.  Not just because of the possible legal difficulties you could get yourself into, but also to be neighbourly, and not to encourage your neighbour to take revenge by using the RoW - once confirmed - even when they don't strictly need to.  If you disputed my legal RoW I would make sure to use it on a regular basis so it doesn't get 'forgotten' again.

*"Exactly" means checking the relevent property's deeds, not just relying on recent use of the way, nor the presence/absence of gates/walls/fences/hedges etc etc.

The correct (and money saving approach) would be to spend the few quid it would cost to obtain a copy of the deeds for the other properties and spend an hour or so to cross-check them to verify how the RoW works.