Editor's Blog2 mins ago
Access lane
9 Answers
We have a small grassy lane at the back of my row of houses, each house owns there own little adjacent bit. You're not allowed to fence it off because there has to be access. One of the residents at the other end has started driving down day and night in his lorry and completely churning it up, it's a nightmare especially when it rains. We started putting our son's slide there but he moves it and one day tried to run it over. I'm not sure what access actually means, can he use it as a road or does it mean access only when required? I don't want to get into an argument with him when I don't know who's right.
Answers
1 to 9 of 9
Best Answer
No best answer has yet been selected by learntojive. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
to me "access" means being able to get your vehicle to your house (or back garden) so you can drop stuff off.
surely if it means "access where required" then thats what your neighbour is doing, or do you mean he is just driving up and down for the hell of it?
If you have put stuff out to get in his way, no wonder he moves it!
surely if it means "access where required" then thats what your neighbour is doing, or do you mean he is just driving up and down for the hell of it?
If you have put stuff out to get in his way, no wonder he moves it!
If he has a right of access then you should not obstruct it (probably hence why you can't fence it off) even if it's on your legally owned piece of land. Have you checked if a right exists?
Check your title document (should be with the solicitor you used to buy the property or your mortgage lender - the latter may charge for a copy though).
The easiest way, provided your property is registered at the Land Registry, is to download a copy from the Land Registry for �3.
http://www.landregisteronline.gov.uk/
It should tell you if part of your land is subject to a right of way for someone else and may give an indication as to whom.
More than likely , considering the land, you each own the bit behind your house and have a right of way (which may be restricted, eg on foot, so check the deeds in case he is not allowed to take vehicles up and down) over the bits forming the lane in order to reach the nearest public highway.
It may be that there are provisions for maintainance of the accessway and provisions for contribution (very common in old deeds when a lot of accessways were not adoped by the council who maintained them).
If other vehicles use it could all users agree between you to share the cost of paving it or putting down a more suitable for vehicular access it vehicular access is in fact allowed (check the deeds as above).
If the right of way is by foot only (make sure this is absolutely correct though) you could maybe put something up which does not obstruct pedestrian but does vehicular access.
Please think practically though, don't go overboard and start a war, try to resolve any issue without getting into a dispute as you're all neighbours afterall.
Could you have a general chat with him or call a general meeting with the owners an
Check your title document (should be with the solicitor you used to buy the property or your mortgage lender - the latter may charge for a copy though).
The easiest way, provided your property is registered at the Land Registry, is to download a copy from the Land Registry for �3.
http://www.landregisteronline.gov.uk/
It should tell you if part of your land is subject to a right of way for someone else and may give an indication as to whom.
More than likely , considering the land, you each own the bit behind your house and have a right of way (which may be restricted, eg on foot, so check the deeds in case he is not allowed to take vehicles up and down) over the bits forming the lane in order to reach the nearest public highway.
It may be that there are provisions for maintainance of the accessway and provisions for contribution (very common in old deeds when a lot of accessways were not adoped by the council who maintained them).
If other vehicles use it could all users agree between you to share the cost of paving it or putting down a more suitable for vehicular access it vehicular access is in fact allowed (check the deeds as above).
If the right of way is by foot only (make sure this is absolutely correct though) you could maybe put something up which does not obstruct pedestrian but does vehicular access.
Please think practically though, don't go overboard and start a war, try to resolve any issue without getting into a dispute as you're all neighbours afterall.
Could you have a general chat with him or call a general meeting with the owners an
-- answer removed --
Hi, thanks everyone. I think I need to look into it a bit further after reading all your replies. I know we all own the bit of adjacent land to our own house and it's all grass, everyone mows and keeps their own bit neat and tidy.
It's just wider than a car and people have only ever used it to drop things off through their back doors, occasionally skips etc. so there is definitely vehicle access rights.
He's at the top end which is next to the road and has just started using it to drive down every morning and night as does his son who has also just got a car. It's just a muddy mess of tyre tracks now the whole way down. We've lived here 6 years and he was here long before that although when we moved in someone kept a pet animal hutch on the lane and it was never moved until she left. It's obviously easier for him to drive down and out of the bottom than it is to turn round at his own end or back in, just really need to find out why he's started doing it now and wether we can object or not, don't want to be falling out with anyone.
Thanks again everyone for your input.
It's just wider than a car and people have only ever used it to drop things off through their back doors, occasionally skips etc. so there is definitely vehicle access rights.
He's at the top end which is next to the road and has just started using it to drive down every morning and night as does his son who has also just got a car. It's just a muddy mess of tyre tracks now the whole way down. We've lived here 6 years and he was here long before that although when we moved in someone kept a pet animal hutch on the lane and it was never moved until she left. It's obviously easier for him to drive down and out of the bottom than it is to turn round at his own end or back in, just really need to find out why he's started doing it now and wether we can object or not, don't want to be falling out with anyone.
Thanks again everyone for your input.
you can find out who owns what land at:
http://www.landsearch.net/
and also who has rights of access etc.
http://www.landsearch.net/
and also who has rights of access etc.
1 to 9 of 9
