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ChatterBank1 min ago
Neighbours access through property
22 Answers
Help! I have just moved into a lovely idealic property in a private position, this was the attraction of the property. Since moving in I have discovered that the neighbours have access through my garden to their rear garden, this takes them less than a foot away from my front and rear living room windows. My neighbours, their children and their visitors use this on a daily basis even though they have front access to their own house, this infringes on my privacy and enjoyment. They also have 3 dogs who are live out in their garden, who frequently jump into my garden and bark constantly when I am in my back garden. The neighbours also bring their dogs through off of leads when they do take them for a walk. I have a daughter who is phobic of dogs due to being attacked recently by another dog! When I approached my landlord his answer was basically tough, even though this should have been declared before any tenancy agreement was signed and agreed. It was the neighbours themselves who pointed out their access rights. Had this been pointed out prior to moving in I would have had grave doubts due to the lack of privacy and enjoyment of the property. To top it off, my electricity meter is in their back garden and I cannot get to read it due to the fact that one of the dogs bites! How do I find out my rights and what their rights to access are and whether there any limitations to their access? Can I end my tenancy early and claim compensation from my landlord as this access was never declared?
Thanks in anticipation!
Answers
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A form of path that is used daily for a year or more becomes a public right of way... (I think!). Is there anything written in the deeds for the property?
I really think you should contact your Citizens Advice Bureau who will be more than helpful explaining your rights and how to go about taking it further (plus face to face!).
From what you write it seems as if you are suffering from a bad case of harrassment and trespass. However, I am completely unable to visualise at the moment how the properties fit together, you say "access their garden through yours" "pass front and back of house" "meter in their garden" - could you, please, think of a short word picture describing the exact site relationship of each property and post here.
It would help very much to know whether rights do in fact exist. This can easily be discovered for the sake of �4 by clicking this link
http://www.landregisteronline.gov.uk/servlet/TitleSearchServlet
and looking at the Register for your own and your neighbour's property. You are searching for a paragraph which incorporates in some form the words ".........pass and repass........". Please also post exactly what you find here.
The houses are semi-detached, I have a front, side and back garden whereas my neighbours just have front and rear with no access at the side of their property. When they come through my property they come through the front gate, down the path towards my front door, across in front of two living room windows and round the side of the house, I also have a rear living room window which they then pass to get to the gate between the two gardens. My electric meter is in their garden as it appears as if someone has moved the fence over at some point as my kitchen window completely overlooks their garden - - what makes it harder to find out the facts is the fact that the neighbour works for my landlord which not only causes problems between myself and the neighbour but also with myself and my landlord! I feel as if I am in a no win situation!!
What a rotten situation. As the land is not registered we are totally unable to find out what is on the deeds of each property. Could you say, please (a) is there a plan with your lease? If so, is the fence through which they are going shown in its present position or elsewhere? Is the gate shown? (b) which side are the posts of the fence? (c) which way does the gate open, into you or into them? (d) does your landlord own next door? On the basis that you would like to stay there if possible, if you do not know click this link
http://www.landreg.gov.uk/publications/?pubtype=1
and print off and submit Form 313 so that we can find out. Sorry about this preliminary work, but I need this info so that I do not mislead you.
The fence posts are on my side with the actual fence on their side of them, the gate opens into their garden - there is a second gate into my property off of a footpath through the side of the garden which is directly opposite the gate into their garden, my theory is that this is the gate, if any which they should be using. The landlord is also their landlord and boss, the landlord leases the properties from the MOD and is subsequently allowed to sub-let this one. I wonder whether this has any bearing on the deeds not being available. I am trying to get a contact number for the MOD to request info from them!
Does this help?? Thanks for your help - I really appreciate it.
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I thought that you might find it offputting and did not wish to impose upon or embarrass you. However, the majority of the MoD's Residential Estate in England & Wales was sold to Annington Property Ltd in 1996 and then leased back by the MoD. As properties become surplus to the MoD's requirements they are surrendered to Annington Homes Ltd. who in turn, sell or lease them individually to the public. It might therefore be that your landlord is leasing from Annington so if your MOD contact turns out to be unsatisfactory you might like to try Annington who are Annington Homes, 1 James Street, London, W1U 1DR Tel: 020 7960 7500
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