Quizzes & Puzzles32 mins ago
Access rights
7 Answers
This is a re-post as the original was almost un-readable due to this computer keyboard, and also looked like the question was answered when it wasn't.
I have recently started renting a property. I am in the end terrace, with no space or garden out front. The entire row shares a common access road on the back, which is where the bins are stored and where some of the other residents on the row park their cars.
Since moving into the new property I have found the people 2 doors down from me, about in the middle of the terrace, have errected a steel gate, placed some LARGE planters and are double parking. This is making access to and from my back door difficult and would make disposing of refuse plain impossible without BOTH removing the gate and damaging the parked cars to get the bins past. As I have only been in there for a few weeks, I have so far just let the refuse build, but really need to empty the bins now.
I am fairly sure, so far as access rights are concerned, that I should have un-impeeded access to and from the back of my property for if no other reason than to take the bins out. And from my previous experience with access rights, I should be the only person allowed to 'double park', as I have the end property, and as such would not be affecting anybody else's access to their property.
Now, I have to admit, that I have not yet brought this up with the neighbours and am hoping they will be reasonable and allow me access to my property. But judging by how determined they are to block it, i dont anticipate it. Therefore I would appreciate if anybody could give me any advice as to the law in this matter. And in perticular, If they do refuse to move the gate and allow me access what I am entitled to do about it?
Cheeers in advance
I have recently started renting a property. I am in the end terrace, with no space or garden out front. The entire row shares a common access road on the back, which is where the bins are stored and where some of the other residents on the row park their cars.
Since moving into the new property I have found the people 2 doors down from me, about in the middle of the terrace, have errected a steel gate, placed some LARGE planters and are double parking. This is making access to and from my back door difficult and would make disposing of refuse plain impossible without BOTH removing the gate and damaging the parked cars to get the bins past. As I have only been in there for a few weeks, I have so far just let the refuse build, but really need to empty the bins now.
I am fairly sure, so far as access rights are concerned, that I should have un-impeeded access to and from the back of my property for if no other reason than to take the bins out. And from my previous experience with access rights, I should be the only person allowed to 'double park', as I have the end property, and as such would not be affecting anybody else's access to their property.
Now, I have to admit, that I have not yet brought this up with the neighbours and am hoping they will be reasonable and allow me access to my property. But judging by how determined they are to block it, i dont anticipate it. Therefore I would appreciate if anybody could give me any advice as to the law in this matter. And in perticular, If they do refuse to move the gate and allow me access what I am entitled to do about it?
Cheeers in advance
Answers
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In the first instance you need to establish if the occupant of this property (you) does have the legal right to pass/repass down this access road, and if so, by what means (foot only, motor vehicle).
The way to do that is to ask the landlord (or download the title register from the Land Registry website for a few pounds) and read what it says about rights/restrictions.
Then report back here and we'll try and help further.
You cannot automatically assume what you are suggesting about the ownership / access rights down this access road.
The way to do that is to ask the landlord (or download the title register from the Land Registry website for a few pounds) and read what it says about rights/restrictions.
Then report back here and we'll try and help further.
You cannot automatically assume what you are suggesting about the ownership / access rights down this access road.
Cheers for the answer mate,
In reponse im 99% sure, from last time i talked with the landlord that I have access rights for both foot and vehicle down said road. The said road not beeing owned by any partys, to my knowledge, and absolutely no other options are available for me to store or move my bins for collection. I will enquire to this later today so as to be 100% sure.
Further to the previous post, the said gate was initialy positioned DIRECTLY across my back door. With the excuse that they were stopping the dog of the landlord, who was working on the property at the time, from fouling on the lane. And was only moved to it's current position after my landlord objected to this obstruction.
The gate is not fixed in any way, and as such in order to pass through it I have to physically move half of the gate to make a path through. This however would not be enough room through which to fit a wheelie bin.
As I say, I could be wrong, and I could have no rights of access what-so-ever to the rear of my property and no rights to even move a wheelie bin along this road. But that is hellishly unlikely, every one else above the gate has full vehicular access to the rear of their property.
I will, as I said, make sure of my access rights before taking any action. But assuming this is what it look's like - someone initialy trying to annex my back yard and now blocking my access towards a similar aim, what would my rights be?
Cheers again mate
In reponse im 99% sure, from last time i talked with the landlord that I have access rights for both foot and vehicle down said road. The said road not beeing owned by any partys, to my knowledge, and absolutely no other options are available for me to store or move my bins for collection. I will enquire to this later today so as to be 100% sure.
Further to the previous post, the said gate was initialy positioned DIRECTLY across my back door. With the excuse that they were stopping the dog of the landlord, who was working on the property at the time, from fouling on the lane. And was only moved to it's current position after my landlord objected to this obstruction.
The gate is not fixed in any way, and as such in order to pass through it I have to physically move half of the gate to make a path through. This however would not be enough room through which to fit a wheelie bin.
As I say, I could be wrong, and I could have no rights of access what-so-ever to the rear of my property and no rights to even move a wheelie bin along this road. But that is hellishly unlikely, every one else above the gate has full vehicular access to the rear of their property.
I will, as I said, make sure of my access rights before taking any action. But assuming this is what it look's like - someone initialy trying to annex my back yard and now blocking my access towards a similar aim, what would my rights be?
Cheers again mate
-- answer removed --
It's a civil matter (not a criminal one) so the police or council will not be interested.
You or the landlord have to take action, and the normal way to do this is to start the process using a solicitor's letter to them (or DIY), stating how their action contravenes your rights. As you are renting, one assumes you only have limited interest or desire to invest good money in resolving this - perhaps your landlord will be more interested, given that their continued blocking will eventually result in a devaluing of his property through the loss of the access.
You or the landlord have to take action, and the normal way to do this is to start the process using a solicitor's letter to them (or DIY), stating how their action contravenes your rights. As you are renting, one assumes you only have limited interest or desire to invest good money in resolving this - perhaps your landlord will be more interested, given that their continued blocking will eventually result in a devaluing of his property through the loss of the access.
First of all check your title deeds. This will show what access you have. Your title deeds will be held with your lawyer or mortgage lender.
If it shows you have access past your neighbours then armed with this knowledge you can then approach them casually and let them know you will using the access.
If you have taken out legal cover with your house insurance then you should contact the legal group and get more info from them.
Hope this helps.
Otchen.
If it shows you have access past your neighbours then armed with this knowledge you can then approach them casually and let them know you will using the access.
If you have taken out legal cover with your house insurance then you should contact the legal group and get more info from them.
Hope this helps.
Otchen.
Cheers for the answers.
Is pretty much as I figured by sounds. As in a matter best resolved through good ol' fashion talking with partys involved. As I said previously, I havn't had much chance to do such so far.
Just on a side note. I used said access this evening, and they hadn't blocked the gate back up and double parked this eve. Fingers crossed will be easy to solve.
Cheers again.
Is pretty much as I figured by sounds. As in a matter best resolved through good ol' fashion talking with partys involved. As I said previously, I havn't had much chance to do such so far.
Just on a side note. I used said access this evening, and they hadn't blocked the gate back up and double parked this eve. Fingers crossed will be easy to solve.
Cheers again.
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