Crosswords4 mins ago
Unobstructed right of access?
I live in a terraced house. My neighbourse have a "close" or alleyway leading from front to rear of their property though which I have right of access to my garden.
I have no problems using the "close" as such, however it is a narrow close which my neighbours use as their shed, storing 4 bikes, a boat and shelves. I can jsut about squeeze past to access my garden, however I cannot useit properly for anything large like bins etc.
When I have needed to get any large objects into my garden I have just moved thier bikes but this is not practical on a day to day basis. I would like to be able to take out pushchair through it aswell as my dog after the walk.
The land register clearly states I have right of access but what is the definition of "access?" I certainly do not have "unobstructed" access which I feel I am lawfully entitled to. But am I? Does "right of access" mean unobstructed right of access?
Thanks
I have no problems using the "close" as such, however it is a narrow close which my neighbours use as their shed, storing 4 bikes, a boat and shelves. I can jsut about squeeze past to access my garden, however I cannot useit properly for anything large like bins etc.
When I have needed to get any large objects into my garden I have just moved thier bikes but this is not practical on a day to day basis. I would like to be able to take out pushchair through it aswell as my dog after the walk.
The land register clearly states I have right of access but what is the definition of "access?" I certainly do not have "unobstructed" access which I feel I am lawfully entitled to. But am I? Does "right of access" mean unobstructed right of access?
Thanks
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.A couple of observations.
You can have a look at the wording of the easement on your property title to see if it says anything helpful.
With a public right of way (footpath), unless anything is said to the contrary to make it wider, the width a landowner has to make a public footpath is 1.0m. Now I know your access is not a public right of way - it is a private right of way. Nevertheless you could try the same argument.
You can have a look at the wording of the easement on your property title to see if it says anything helpful.
With a public right of way (footpath), unless anything is said to the contrary to make it wider, the width a landowner has to make a public footpath is 1.0m. Now I know your access is not a public right of way - it is a private right of way. Nevertheless you could try the same argument.
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