ChatterBank1 min ago
Right to access your own private land if the only access is someone else's private driveway!
7 Answers
Hi Everyone,
At the back of my house I have a small patch of land (approx. 4m long x 1m wide) not big enough to do anything with i.e. garden wise but big enough to store our wheelie bins etc... I do not have a back door to my house (because I have no back garden other than this small patch of land) therefore in order to access it I have to walk around the back of my house and a few metres down a driveway... the problem is that driveway is private and the owners are saying it does not have public access and therefore we can not put our bins out the back of our house? I'm thinking surely if thats our land there must be some sort of law to say we should be able to access it?! other houses (i.e. our neighbours)... Ideally we want to keep our bins there but I want to check we have a right to be able to do so because its our land before I say anything... any advice would be much appreciated!! Thanks :)
At the back of my house I have a small patch of land (approx. 4m long x 1m wide) not big enough to do anything with i.e. garden wise but big enough to store our wheelie bins etc... I do not have a back door to my house (because I have no back garden other than this small patch of land) therefore in order to access it I have to walk around the back of my house and a few metres down a driveway... the problem is that driveway is private and the owners are saying it does not have public access and therefore we can not put our bins out the back of our house? I'm thinking surely if thats our land there must be some sort of law to say we should be able to access it?! other houses (i.e. our neighbours)... Ideally we want to keep our bins there but I want to check we have a right to be able to do so because its our land before I say anything... any advice would be much appreciated!! Thanks :)
Answers
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You need to obtain a copy of the deeds from the Land Registry
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I've looked at the deeds, they show who owns which bit of land e.g. they own the driveway and we own the land to the side of the driveway at the back of our house (which is order to get to we have walk a small section up their driveway) but it does not specifically say whether we have the right to access our small bit of land? I didnt know if there is a law to say you have to have the right to access your own land?
Check your deeds or land registry details for rights of way/easements. You may find that it mentions that you can use the neighbours drive. Nothing to do with public access. If there is a right of way then your neighbours cannot stop you using their driveway.
There may be a law somewhere that says that if you have used this as a right of way (even if it isn't a right of way) for a number of years (probably 10) then it has become a right of way, but I am only guessing. (A bit like adverse possession)
If not, then I am afraid there is no law allowing you access.
If you put your question in the Law section Barmaid might see it and give you the answer.
There may be a law somewhere that says that if you have used this as a right of way (even if it isn't a right of way) for a number of years (probably 10) then it has become a right of way, but I am only guessing. (A bit like adverse possession)
If not, then I am afraid there is no law allowing you access.
If you put your question in the Law section Barmaid might see it and give you the answer.
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