Right of way property concern

RAS

However, you need to go get your deeds and read them. There may well be a clause about the right to pass and repass over the other property's part of the access? Maybe on foot? Maybe with wheelbarrows etc.

There may also be a clause removing the right to obstruct the other neighbour's access. And storing their bins on your land may count as obstruction. 

I'd start by copying the relevant section into here for others to comment on. You may need more detailed advice but those here can help you frame your questions. Does your house insurance cover legal advice?

Your estate agent was probably referring to perception, and you don't want Google search throwing out photos of your land looking like a dumping ground even if it's your own stuff, let alone the neighbours.

Sarah9132

Thank you, that's really helpful. I will dig the documents out at the weekend again and go through them properly. Yes I think my insurance does cover legal advice. I will have a look into that too, thank you! 

user1977

Sarah9132 said:

Thank you, that's really helpful. I will dig the documents out at the weekend again and go through them properly. Yes I think my insurance does cover legal advice. I will have a look into that too, thank you! 

If you're selling then surely you'd be best to get advice from whichever solicitor you'll be using for the sale? I'm not sure how much useful advice your insurers will provide if there's no actual dispute.

stuhse

you dont need to do anything, the wording of your deeds lays out the arrangments and protects you. As others have said adverse possesion cannot be claimed over land which you have a right of way over.

eddddy

Are your neighbours 'difficult'? Do you think it would cause a dispute if you asked the neighbours to move the bins off your land and onto theirs?

Maybe you could 'blame' the estate agent, by saying something like:  "We're about to put our property on the market, and the estate agent has asked if you can move your bins onto your part of the land - so that it looks better in photos and if people drive past for a look."


If the neighbours agree - that's great. No further action is needed.

If they refuse - either because they say it's their land or they say they have the right to put bins there - then maybe start studying deeds more carefully and/or taking legal advice.

RAS

My basic concern is that the OP bought the house without herself or, apparently, her solicitor gaining an explicit understanding of her rights and responsibilities regarding the rear access. 

It's not necessarily an issue whilst both are co-operative, but what happens if one is having building work and wants somewhere for skips, building materials or the mini-digger? If the situation is as suggested, this should be discussed with the neighbour before stuff is ordered?

OK, when my neighbour's rear access was blocked by another neighbour who was away, and their skip ended up on my patch, they came round as soon as I got home and it was sorted. But they didn't assume the right. And we co-operate on maintenance.

Albermarle

eddddy said:

Are your neighbours 'difficult'? Do you think it would cause a dispute if you asked the neighbours to move the bins off your land and onto theirs?

Maybe you could 'blame' the estate agent, by saying something like:  "We're about to put our property on the market, and the estate agent has asked if you can move your bins onto your part of the land - so that it looks better in photos and if people drive past for a look."


If the neighbours agree - that's great. No further action is needed.

If they refuse - either because they say it's their land or they say they have the right to put bins there - then maybe start studying deeds more carefully and/or taking legal advice.

That is exactly what I was going to suggest !

Sarah9132

That's a really great idea thank you! I will give that a try. 

The owners next door did put a skip there when they moved in and were getting work done. They didn't ask for permission but it was gone after a week so I didn't say anything as I didn't want to cause any friction at the time and I didn't mind. 

I will get my solicitor to check over the documents when I put the house on the market, just to make sure everything is OK and there's nothing else that I need to do.

Thanks everyone