Joint Access To Rear Gardens

[rachelgrimes]

hi all after some advice please
I have lived in a council house for the past 3 and a half years with no problems what so ever.
But 2 month ago I get a new tenant move in next door to me who is private landlord and the trouble starts over the access to my back garden I live in a block of 3 houses together each end house has there own access and I have the right to use the access round past the new tenants house (which I have done since I moved in).
But sinces shes moved in ive had police at my door and council shes filled there heads full of well u no wot I was going to say shes told council that I have no right over this access and she will be chaining bins up so we cannot use this access (now if I'm right the back of house is still deemed as a fire exit) so she cannot do this her land lord has said theres no way she can stop me using this access but shes having none of it I'm at breaking point as no one is listering to my right is causing argument after argument an any one HELP PLEASE

[Baldric]

I would take it up with the Council, she is in the wrong.

[rachelgrimes]

I have done they r trying to say shes in her rights top and bottom of it is the council are helping her not me I'm there tenant not her they've told me I'm not allowed to use alley and if I want to cut grass or anything I should ask her as its her alley

[Mamyalynne]

So the Council are telling you that your house has no outside access to the rear , did they not state this at the start of your tenancy?

[woofgang]

Rachel, can you prove that you have got a right of access? You can look next doors land Registry doc online at the Land Registry and see what it says about right of way. At the moment, you haven’t been using it for long enough for it to be custom and practice so you need documentary proof.

[rachelgrimes]

ive seen her land lord and they've said she cannot stop me its there house after all and ive also seen the local parish councillor and they have also the same lay out to there gardens where middle house has access throught either the garden on the left or the garden on the right I think at end of day council r helping her more than helping me

[woofgang]

Rachel, its not about who the council is helping its about establishing the fact of whether there is a right of way or not. Who told you that there was?

[rachelgrimes]

parish councillor and her land lord its the way the whole street works

[TonyV]

Just initially send registered letter requesting access

[hc4361]

I would advise you not to send a letter requesting access, as that indicates that you don't have a right of access.

Pay the £3.50 to check the documents online at the Land Registry to settle it once and for all

[rachelgrimes]

thank u I'm going to do that now

[Baldric]

Post @ 1750 is not a good idea.

[TonyV]

Hc if someone is refusing access then I would send letter but your land registry idea is best

[bednobs]

you need to mke a nuisance of your self to the lndlord - he will soon bring her into line to shut you up. But i agree wth the others - you need to establish the facts foirst

[TonyV]

Ok I stand corrected by those who are more knowable in these matters, guess it was my knee jerk reaction

[EDDIE51]

^^ Agree sending such a letter would be accepting that you do not have right of access but are wanting to claim it.
I can not see where the Police come into it,this is not a criminal matter it is a civil matter. What did the police say? They should have just told the neighbour she was wrong and refused to do anything.
This is a very common situation with access.
The estate agent who arranged the sale must have told the buyer that there was common access, check that they did do it as it is a legal requirement to do so.
The council also MUST know about the common access, again I can not see why they are supporting the other tenant.

[Baldric]

Eddie, they are both rented properties, one counci,l one private

[EDDIE51]

Even better idea. If as you say, this is a fire exit / access, go to the local fire station and tell them what is happening. Their word is law as regards fire access,they will soon explain to the neighbour that she must allow free access at all times. Even if it is not an official fire exit the fire brigade will not be at all happy that a fire escape route is blocked.

[woofgang]

Folks, its kind of axiomatic.....before you start a fight get the facts. If there is no legal right of way, the police, the council, landlords, firemen (even the cute muscly ones) NO ONE can do a thing. Land registry first.

[EDDIE51]

Baldric it does not matter in the least if the properties are council or private , ownership has NOTHING AT ALL to do with the right of access.
The estate agent who organised the sale MUST BY LAW have informed any buyer that there is a right of access! If they did not do that they misrepresented the facts and can be sued. That is why I suggest talking to the agents.

[Baldric]

I don't think either of the people involved are buyers from what I've read tbh.