Property access/ right of way

[helicopter1]

Hi we live in a terrace house and on the land registry document we have a right to cross the neigbors garden which they acknowledge but they refuse to give us a key to open their gate which is on our right of way they say that i should let them know if i need it opening and they will unlock it for me! they also say it will be unlocked during the day! but not at night

They are not stopping me using the access but are resticting me as to when they will open the gate so in my opinion they are restricting or impeding my access as it will always be locked at night and i cant use it as i have no key!!

ive tried to reason with them but they are not budging it seems my only chance is legal action!

what would be my chances of winning and having free right of access without prior consent from my neigbors all opinions are appreciated

Thanks

[NORMANTHEDOG]

first of all why do you need to go across their garden,secondly,do you really want to end up in court and get into a situation where there is a lot of aggro between you and your neighbour,and last of all,surely you can understand why he wants the door locked at night.

[noxlumos]

If it's one of those rights of way across the backs as we say where I come from, I'm fairly sure you have to have unimpeded access to it at all times. I mean what happens if you want to use it when they are out? I'd personally change the lock and see how they like it and keep it locked until they compromised as I think it's a bit control freaky to buy a house where they know there is an access across their ground then try and control how and when that's used. Also if you don't use it for so long I think there is a danger that the right of way may lapse, so maybe that's what they are after.

[buildersmate]

Your land has what is legally called an easement across your neighbours land - it is a private right of way, which is different from a public right of way (through which anybody can go). Such arrangements are acquired either over many years of use or by an agreement being set up when the land was transferred in the past. Your neighbour has no right to block your access at times of their choosing and you will lose this right if the end if you just accept the current situation.

The most practical solution is that they provide you with a key. You could explain to them that you can understand the security situation, and you could point out that you are as equally concerned about security as they are. Be polite but firm. Ask what reason they have for denying you access, explaining clearly what you consider your land to be. That is the best way because it is the cheapest. The next most expensive solution would be a solicitors letter. You could write a letter yourself setting out your rights just the same as a solicitor could, but many people baulk at doing this and a letter coming from a solicitor puts the frighteners on some people. From what you have said, this is an open-and-shut case. The next most expensive is legal action, which is really a last resort because of the cost versus the gain. You would have to balance the value of the gain (the inconvenience of the detour). HTH

[helicopter1]

Thanks for the replys so far i have tried explaining that they are restricting my access that all i want is them to give me a key im quite happy for them to lock it no probs it is just that i dont want to be controlled by them.

it was left at that they will leave it unlocked in the day and lock it at night but they havent said a time at night and that if i need to use the access i should pop a note through their door or let them know which i know i should not have to do!

this is also going to pose a problem when selling the house as i would not have brought this house if i knew the neigbor was like this. The previous guy didnt use his garden as it is not well maintained but he kept is right of access up by putting his wheelie bin out once a week

i know these people wont budge so im wondering what my percentage chance of winning through the courts is as it is written into my title pass and repass with or without hand carts etc.

Thanks

[lady_p_gold]

When you bought the house your solicitor should have done a proper search and found out that this was part of the deal, I would say they were negligent in not revealing this. If you used a solicitor (which most people do) I would go back and ask if you had a full local authority search and they often palm people off with a cheap personal search and nobody is any the wiser until something like this happens which would not show up on a personal search but it would on a full one.

[mycatis]

I dont understand what the problem is here. Why do you want to take them to court? Just t be awkward? You WANT complete access because you have the RIGHT to it, dammit! God almighty, glad I'm not your neighbour

[NORMANTHEDOG]

You still have not answered why you need to go across the garden for access to what?

[helicopter1]

The only access i have to my garden is through my front door or across next doors garden the land registry title states i have right of passage to pass and repass across the four foot way with or without hand carts dated around 1960 but as i have said they wish to control our access to suit them they also obstruct this access with their wheelie bin which would not of bothered me but as they are being awkward it now does. we have approached them twice and they will not give us a key at all !

this is why i think i need to take legal action i dont want to due to cost and that i know these things can drag on and on. We never started being awkward they did by restricting my access and not giving me a key telling me to tell them when i need access so they can unlock it for me if it suits them!!!

[ianess]

We have a similar situation....semi-detached but actually end of terrace.
It's a condition written into our title deeds that the next door householder, emphasise householder only, must have unimpeded access for specific purposes only. Examples are for the moving of garden refuse and wheelie bins. It most definitely isn't a public right of way.
It is not an access for kids and their pals or for any other reason......that's what the front door is for.
We may be lucky but it's never really been a problem.

[Hgrove]

I can see that exercising this right of way is very handy - it is always useful to be able to carry gardening refuse/furniture/all sorts of things without having to walk through the house. Plus, having a right of way makes your own property that little bit more valuable/desirable and I think you should exercise your right of way as otherwise, if you do not use it for a while (but it would have to be a long long time) your neighbour could potentially ask the Land Tribunal to cancel your right of way on the grounds that you do not use it! I think you should keep writing polite letters explaining that you are unable to exercise your right of way without a key. Keep copies. I hope eventually they'll get fed up and give you the key just to shut you up. Try to avoid having a legal row because if you want to sell, you would have to disclose it, and it might make your house less saleable.