Right of Way access to my garden

*Cherry*

I would like an opinion on whether my neighbour has right of access to my garden.  The property register quotes

(31.01.1994) The land has the benefit of the following rights granted

by the Conveyance dated 15 April 1975 referred to in the Charges

Register:-

"Full and free right and liberty and jointly with the owners and

occupiers for the time being of the adjoining property known as Number

CC The Street Town aforesaid and all persons expressly or

impliedly authorised by them or any of them to go pass and repass with

or without wheelbarrows and garden implements over and along the path

or way adjacent to the eastern boundary of the garden of the property

hereby conveyed THIRDLY full and free right and liberty and jointly

with the owners and occupiers for the time being of the adjoining

properties known as Numbers AA CC and DD The Street Town

aforesaid and all persons expressly or impliedly authorised by them or

any of them to go pass and repass with or without wheelbarrows

perambulators motor-bicycles or bicycles over and along the way at the

rear of the said properties and the east side of Number DD The Street Town aforesaid for the purpose of obtaining access to and

from the rear of the property hereby conveyed and The Street Town aforesaid."

We are both mid terraces, there is access via her back yard ( the area immediately behind the house) to a side path which is used to take bins out, garden related deliveries etc.  Beyond the yard area there is a further stretch of garden on a raised level on both our sides accessed by shared stairs.  neighbour is continually entering our side of the upper garden to do work to their shed at the very back of the garden.  Note there is no access to anywhere at this end of the garden.  No access routes, paths, alleys or anything.   

Neighbour believes that the right of way / access in our deeds gives her the right to enter any part of our garden at will and to permit workers of hers to do the same.

I believe that the wording of the deeds allows passage through to the end of the run of houses to access the street from the back of the property only.

Are either of us correct or is there a different interpretation?

DE_612183

I'm no expert but I think the key words here are pass and repass - which means you canuse the land to get to somewhere else.

sheramber

pass and repass with

or without wheelbarrows and garden implements over and along the path

or way adjacent to the eastern boundary of the garden of the property

 pass and repass with or without wheelbarrows

perambulators motor-bicycles or bicycles over and along the way at the

rear of the said properties and the east side of Number DD The Street Town aforesaid for the purpose of obtaining access to and

from the rear of the property hereby conveyed


Seems clesr is it only for passing along the  paths, not accessing your garden.

bouicca21

I read that is implying that there is - or should be - a path along the far end of the gardens.  Not uncommon with old terraces.  What does the title plan show?

aliby21

"pass and repass ... for the purpose of obtaining access to and from the rear of the property"

I'd interpret this as meaning they can go back and forth over the path but can't stop, pause, loiter, or mend a shed on their way. 

It would be useful to see a diagram or plan.

HillStreetBlues

aliby21 said:

"pass and repass ... for the purpose of obtaining access to and from the rear of the property"

I'd interpret this as meaning they can go back and forth over the path but can't stop, pause, loiter, or mend a shed on their way. 

It would be useful to see a diagram or plan.

I would agree with that view.

Dustyevsky

The neighbour, and persons expressly authorised by them, may enter and leave your garden at any time using the path on the east side in order to use the rear access way.

That's it, so going to other parts of the garden or stopping for a long period is not allowed. "Pass and repass" implies movement.

*Cherry*

Thank you all for your replies.