Rear access to property.

[Andyrory]

We bought our terraced house 6 years ago from some friends. When we bought it the sellers told us that when they first bought the house it had acces to the back door through a shared back garden of the 5 houses above us, apparently this was an agreement between neighbours. The sellers planted big privet hedges across the gate that allowed this access therefore basically cutting there access off, however the gate remained behind the hedges. We have recently cut down the hedges as they were getting out of hand. We would now like to put up a new fence with a gate to allow us access again(for taking the bins out etc). 4 of the neighbours don't have a problem with this as it is a shared garden anyway but one of them is been particularly stubborn and is saying that we will never have access through his garden. I wouldn't mind but the awkward guy owns his house as a second home and rarely uses it.

Our deeds don't seem to show any access

Any help or ideas would be appreciated. We were thinking of doing it any way and seeing what happens.

[buildersmate]

One has to have had access for more years than 6 over someone else's land before you can start to think about any legal rights you may have acquired over that land (The legal process by which it can occur is the Prescription Act).
If it isn't in the Land title as a right and you don't have an informal written agreement then there's nought you can do legally.
By all means try it and see what happens, but there's no point starting an ugly scene. I'm afraid you can't win this one.

[brenda]

did the people you bought the house from use this gate before they planted the hedge.?

[buildersmate]

How does that change the price of fish, then?

[brenda]

Heh! Buildersmate-- was only asking a question.

Just wondered that if possibly over the years access had already been established by previous usage.

And you are right it has nothing to do with the price of fish -- but having some nice kippers for tea-- care to join me?Brenda.

[buildersmate]

It might have been, but 20 years continuous usage is the minimum period before one can start thinking about using the Prescription Act - and Andy has only been there 6 years. His only way forward would be to get Sworn Statements from the previous occupants of his property to cover at least the last 20 years of usage - quite a tall order, but technically possible given a bit of lubrication to persuade them to do it.

[brenda]

Thanks --buildersmate --was only Brenda.wondering .