Access Via Side & Rear Garden

[Sarah_w]

Hi

I know i have posted this before, so appologies.....

I now just need a little clarification.

I have my copy of the land registery, which cleary shows that the side access, which runs up parralel to my house, is within my boundery.

Does this mean that this is MY land, and as such the other houses only have access rights and not the right to store anything (namely their wheelie bins)

Having spoken to the neighbour in question, he is stating that he does have the right to store his bin there?

To make matters even worse, he has now removed the bolts from the gate (meaning that anyone walking along the street can now gain access to the rear of the terrace) His arguement for doing this is that HE put the gate up in the first place and so he can "do what he likes"

He appears to have agreed to put the bolts back on, (time will tell) but is refusing to move his bins

I really dont want to end up having to involve a solicitor, i have trids to be polite, but i dont know what to do from here.

Many Thanks
Sarah

[boxtops]

A solicitor's interpretation of the situation may really be your best bet - you don't want it to go on too long, or you could be deemed to be accepting the situation. I'd go get legal advice if I were you.

[Sarah_w]

Just dug my register of title out. its says:

Together with the site of the pathway six feet wide running along the north eastern side of the property hereby conveyed but subject to an existing right for the owners of the adjoining properties aforesaid at all times and for all purposes to pass and repass over and along of the said pathway for the purpose of gaining access to and egress from the rear of the said adjoining properties from and to XXX road.
Subject a) to the existing rights of the owners and occupiers for the time being of the adjoining properties aforesaid to pass and repass over the pathway at the rear of the property hereby conveyed for the prupose of gaining access to and egress from the rear of the said properties

[buildersmate]

Then show him your document and explain that he has the right of way to shift his arris up and back down the track, but that definitely does not include the right to store stuff on your land.
He does have the right to take the gate away if he put it there, but putting aforementioned gate up doesn't entitle him to any further rights.

[KJN]

Agree with buildersmate 100 per cent. It has obviously been playing on your mind for a while now so give him a photo copy of the part of the Register of Title that applies to this situation and request in a firm manner that he acts accordingly.(No threats at the moment, its not easy having neighbour problems)

[maclarencat]

I agree Show him your land registry document. I had a similar problem in that a neighbour believed a drive at the side of our house which gave access to their property and ours belonged to them and they kept parking a vehicle on it . I showed them the document which said they had a right to pass over it but it belonged to us and they were fine after that The car was never parked there again and it was never mentioned again.

[Twenty20]

We had shared access at our last house and, although we owned the access path, it still caused problems. The house next door to us was rented and we had to explain to every new tenant that we owned the path, that they could use it but couldn't block it etc etc etc. We've learnt from that to avoid properties with any form of shared access because it just brings hassle.

Our understanding also was that you couldn't put a lockable gate on the path even if we gave the neighbours a key. Your neighbour certainly shouldn't be putting a gate up on your land so I would get them to remove it for that reason alone.

As has been said, show them the Title Deeds and that should, hopefully, put an end to it. Unfortunately, some people are just either stubborn or a bit thick and it's possible you might have to get a solicitor involved but I'd save that as a last resort.

[bushbaby_de]

You shouldn't really need to show them a copy of your land registry document, because the land registry document that applies to their property should identify the land and tell them that they have a right to pass and repass only. It sounds like you may need to get a solicitor involved to send them a formal letter.