Terrace neighbour stolen our rear access

Charlie14wz

Hi. We live in a terraced house with rear access via an alleyway. The alleyway is ‘unregistered’ and doesn’t appear on any of the terraces’ title plans. Our title deed refers to an easement for access, but there is no further info. When we purchased the property in 2019, our sellers have a sworn statement that we had full access to the alley, indicating the width of our garden and rear fence.

 Our left-side next door neighbour is the last terrace that needs access to the alley, with 9 houses to the right also needing access. That neighbour has ‘stolen’ some of the alley and gated it, immediately to the left of our access gate, three quarters of the way across our rear fence. 

We are underway with construction to build a garden office and they are refusing to remove their fence. We will need to reposition our gate to the rear left of our garden as the new building blocks the old gate. 

I’m awaiting a reply from our local council, but as the land is unregistered I’m not hopeful. I have legal expense insurance with home insurance, and awaiting a call back on the issue. 

Wondering if anyone has advice? Either way we need to remove their gate to continue our construction and we will do. I am very confident that have no rights to do this. But proving that, and proving we have the right, is where I’m stumbling. Our other neighbours are all on our side and see it’s completely unfair. 

Thanks for any thoughts. 

housebuyer143

Did you post before about this as it sounds identical to a post the other day? 

Charlie14wz

housebuyer143 said:

Did you post before about this as it sounds identical to a post the other day? 

Hi. Not on here. This is my first post. My partner did on a Facebook group though. So maybe you saw it there?

housebuyer143

Charlie14wz said:

housebuyer143 said:

Did you post before about this as it sounds identical to a post the other day? 

Hi. Not on here. This is my first post. My partner did on a Facebook group though. So maybe you saw it there?

Wierd, having like a strange deja vu moment 🤣 shame I can't find it because I'm sure there were good replies. 

ThisIsWeird

Hi Charlie.
A sketch always helps, but from what I understand, this LH neighbour not only gated off at their boundary line, which - since they are the last of the terraced houses, shouldn't really affect others but is still presumptuous - but has astonishingly moved their gate partly over your garden width? If so, that is gobsmacking.
Although your deeds appear to be lax on detail concerning this RoW, the same will surely be true for this neighbour, so they can no more 'prove' the extent of their entitlement than you can yours - and yet they have taken this action. Almost certainly, any impartial adjudicator would conclude - if anything - that each property's current boundary lines would effectively continue on to this road.
Ie, it would not be reasonable for every other house to have road access to their full garden/property width where it meets that lane, but for one property to mysteriously have this restricted on the pure whim of another party. Each homeowner can either gain access to this lane from any part of their adjoining boundary, or no-one can. Take this neighbour's action to its logical conclusion; could he, or anyone else, put up their arbitrary fence to reduce access to just a pedestrian gate width on your land?! Of course not, so why is this person determining the limit of your vehicular access - what gives him this right?! Correct - he has none.
Your RoW on that lane is for the full width of your garden, like everyone else's. Almost certainly, should this escalate in a legal manner, that would be the ultimate conclusion.
But, you don't want to have to go there.
So, what to do? Well, this neighb took direct action and made 'his' new road boundary a fait accompli. You can do the same. First give him a chance; ask him calmly and nicely to explain and justify his decision to reduce the access options for you, and why he feels he has the right to determine your access width; "Would it be equally reasonable for you to leave me with just a 3' gate on the RH corner of my garden? Good, of course not. Could you fit your gate half way up any other neighbour's garden? Good again! Could I do that to my RH neighbour?! Well done! So how do you think you have the right to dictate to me where along my boundary I can position my vehicular entrance?! Explain, please, because I don't understand your logic."
Another simple Q could be, "If you can place a gate where you like on this shared access road, what's to stop me from also putting a gate across this road right tight in front of yours?!" Ie, a few simple Q's to challenge this person's lack of reason - it'll count against him should this go legal. Remember, record.
With these sorts of Q's, when they obfuscate, just repeat them until they either give an answer, or clearly fail to be able to - don't be distracted - repeat repeat. Expose their lack of reason.
Finally, when he's finished with his BS, you tell him he has X days to move his gate back to his boundary line. No threats, no 'or else's, just, "I will need access to my LH corner very soon, so please do the right thing and move your gate to your boundary line by the Xth. Thank you." And walk away. Record this conversation (surreptitiously if you prefer), or at least have it witnessed - eg by your builder or another neighbour (the latter might have additional peer pressure) and write down the key points as verbatim as possible. Ideally record it all - it'll capture his full lack of reason, and possibly a belligerent attitude.
When he fails to do move his gate, you do two things;  First open your new entrance where you want it, which will presumably be on to or straddling where his gate is? - and then (carefully) remove his gate and leave it on his land. New fait accompli. Do this when he's out, ideally.
If he threatens to restore it, you activate your LegProt - these sorts of situations are usually better when you are responding to an obvious breach against you than when you have to take action against someone else. So, restore the correct situation, and then immediately act in response to them trying it on again.
Oh, set up CCTV to cover this area. And when you talk to your neighb giving them the 'remove' ultimatum, make sure it's recorded/witnessed.
Think of it this way; If you think you might struggle to prove that you have full width access to this lane, he will have a greater problem trying to prove that he has greater than his full width access. In other words, he currently appears to have you on the back foot - turn that around, and pass the buck on to him to have to take action against you, rather than the current scenario. He won't have a chance.
Once you open your new access point - and I'd be tempted to make it right up to that LH boundary - if he even partially covers it, you take out an injunction. He breaches that at his peril.
Obviously be happy about the above. Seek advice from your LegProt - well done for having this.