Tenant obstructing access rights.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81989440#Comment_81989440

To clarify - does the RoW extend across all the properties, and for all? (Not that I think it matters.) And why is it not practical or possible to access the other way - again, I'm just trying to understand the whole situation.

How long was the new tenant in situ before the fence went up? Did the tenant know the mid house was also given a key?

In short, how likely is it that the end tenant did not know about the RoW?

Bottom line, afaIac, the end tenant is in the exact same situation of a new owner - if they knew about the RoW, they should suck it up. If they didn't, they should work out why. And then suck it up. Or move.

As someone asked, is there the potential to have it moved to the bottom of the garden?

And, have you gone on Gardenlaw yet?

silvercar

When I can, I will upload a diagram. A block of 4 houses, the mid two have a RoW across the rear garden of their immediate neighbour EoT. The RoW is next to the house. There is no room to change this as there are outbuildings that would be in the way of creating a path along the whole length of the garden of the EoT and in any case the tenants of the EoT would not want to lose a strip of land the whole length of the garden or have people walk the length of their garden.

There is no "new" tenant as such. The mid tenant has been there for years, the End tenant probably 3 years. It is the RoW that is now used more frequently. Though apparently there have been mutterings in the past. There has always been a fence and a gate, they have now been replaced due to age. Previously there were bolts on both sides of the gate within reach of the top of the gate, so accessible by both sides.

Who knows whether the end tenants were advised specifically about the RoW? The gate has always been in place, so arguably they should have seen it and realised that it has a purpose, but I don't know if anyone told them there is a RoW. The Land Registry title deeds specifies the RoW, though whether a tenant would be diligent enough to look at it is moot.

WIAWSNB

I wouldn't expect a tenant to check the deeds in a rented property. If they had any Qs - "do we need to have carpets… are the parking spaces allocated... why is there a gate in the neighbouring fence... ", they should ask the LL.

This situation is a bit different to the other examples, tho', as the LL really should have made the existence of the RoW clear as it will always have a significant bearing on the desirability of the property. Me, I wouldn't entertain a property with a RoW across it for a nanosecond.

sheramber

1. 2. 3. ;4

I a m house no 2.

I have row along the back of no 1, along a path across the back of the house and up the side, and up front path to road.

A previous owner put up a fence which covers the gate( still in the fence on the other side) so is not usable.

My sellers did not know about the row until I asked about it.

I also have a row from a gate at the bottom of my garden along a path behind nos 3& 4 , up the side of 4 to the road. It does not go through 4’s garden as being end terrace they have a wider garden giving access to their back garden

That is the one I use and no 3 uses. No 3 only has that one row.

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/81989440#Comment_81989440

End landlord should remove the bolt from their gate and tell the tenant to stop playing silly buggers.

They've been there for 3 years, they know there's a ROW.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/81989962#Comment_81989962

Good point, and I agree.

The LL has the right to enter their property and do this - sort a breach of the deeds.

The end-ter tenant has three choices - accept, accept but negotiate rent if they were misinformed, move out (forceably if needed.)

I suspect they'll try 2, settle for 1, but are unlikely to volunteer for 3.

The mid-ter LL should apply the necessary on end-ter LL to bring this to a conclusion.

End-ter LL should think this through carefully, as the mid-ter tenants have the ability to make the end-ter property nigh-on unrentable if they felt inclined.

saajan_12

I would approach this more simply first: if it was two owner occupiers, what would enforcement rights would the Mid Terrace resident have if the End Terrace resident refused access?

>I expect it would be to write a letter first and get proof of the ongoing obstruction, ultimately apply for an injunction to remove the obstruction.

The MidTerrace property being rented is irrelevant if the tenant and LL are on the same page and both willing to act. The EndTerrace property being rented is not the MidTerrace LL or tenant's problem, they just give the various notices to both.

Besides the EndTerrace tenancy is naturally subject to the land and easements in place by default. Its not the same as a headlease which may be a private contract, the deeds are available for anyone to view on land registry. Similarly if there was a private road with each property owning a sliver for everyone to access, the fact one property is tenanted doesn't mean they could build a shed and block access for the rest of the street!

BikingBud

https://forums.moneysavingexpert.com/discussion/comment/81989440#Comment_81989440

There isn't a RoW of there isn't a RoW apparent?

I would be checking all the deeds for all houses to establish my own clear understanding of the situation. It might be that there are numerous letters, or possibly one letter to numerous parties to reassert what the deeds record.

@sheramber - did you consider this as an action or precondition on the vendor, resolve the blocked RoW, when you bought the house?

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81990146#Comment_81990146

No, I have access through the bottom row and have no inclination to walk past my neighbours window and back door when I don’t need to.
My solicitor did bring it up but advised if I was happy with situation it would be okay.

The end terrace is council tenant so I don’t foresee any problem in accessing that row if necessary.
So far, it is not necessary.

My fence is a wooden 6ft fence set 2ft inside the garden boundary, due to clothes pole , which served both houses, being situated in the 2ft gap.

I do not use the pole but my neighbour does.

The original wire fence is still in place on the boundary. There is a gate in that wire fence.

silvercar

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