Right Of Way Access

[hihosilver]

I live in a terraced house built in 1900 which was originally owned as part of an estate being houses for miners/tin workers. they are all in private ownership now.As was usual at the time they were built there is a path that runs past the rear of the property between the house and the garden. the gardens are fenced off and there are gates at either side to allow any of the occupiers to use the pathe to gain entrance to the back of their houses although very few people use it. A problem has arisen as the house next to me (I am second in from the end of the terrace and the house I am talkingabout is the third, which has benn bought, divided into two flats, the bottom flat only having access to the garden) as the owner is stating that the occupiers of the flats can cross the path on foot, with perambulastors or with motorcycles. he syas that it states this on his land registry document. I have our original deeds, all from the 1900 to date as our property no longer has a mortgage, and i have checked but it is not on land registry, because it has not had a change of owner for 40 years or more. Our deed states on all the documents that it is 'on foot only'. Our deeds are the same as all the deeds would have been for all the esrtate properties. Can someone change the useof a path just by stating this at land registry? Does the fact that theirs state that they can bring a motorcycle/pram past our house supercede what our deeds stae? The neighbour on the other side at the end of theterrace also has on foot only. The owner that has the diferent wording is trying to let the top flat as a garden flat when to access the garden they willhave to go out the fromt door , along the road & across the back of my house to get to the garden every time. Can you advertise a top flat as a garden flat?
Just wanted advice please.

[Buenchico]

Last bit first:
Since there's no statutory definition of a 'garden flat' it's unlikely that any law has been broken by advertising it as such. (The definitions used by estate agents are notoriously flexible with, for example, properties frequently being offered as being in a neighbouring borough; it's up to prospective buyers to check out the realities behind estate agents' statements).

Next:
Have you actually seen what's on your neighbour's title documents (rather than just taking his word for it)? Download the title register and plan, for £3 each, from here in order to check:
https://www.gov.uk/search-property-information-land-registry

The definition of "on foot" though encompasses both the pushing of a perambulator and the wheeling of a bicycle:
http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html
so it might be hard to argue against pushing a motorcycle as well.

[hihosilver]

Thanks for the advice. i will get a copy of the title document as you have suggested.

[Peter Pedant]

blimey damn good answer BC well done