Right of way and boundary issues
Discussion
Hi all,
Just needed some advice and recommendation. I live in a mid terrace house and we have a right of way shared access from the end of terrace house to the back of our garden.
My neighbour who is end of terrace has basically blocked of the right of way alleyway which was no man’s land and has claimed it as his own.
He also has built a shed/outhouse on the part of land at the back of his house which forms our right of way.
As he has now bought the house adjacent to his he has combined both rear gardens and removed right of way. Despite numerous civil conversations he is always just fobbing us off.
This right of way and layout is shown on our deeds.
How do I got about it? And can someone recommend me a good lawyer if I have to go down that route.
He has had the gardens combined for the past year to two.
He build the shed on our right of way land few years back.
I over heard a conversation saying we can’t do anything due to the time lapsed?
Excuse the iPhone notes sketch attached
The red line shows excess way
Yellow is neighbours house
Purple is my house
Green is the house has now bought
Small square is said she extended on to right of way
Your advice is eagerly awaited
Just needed some advice and recommendation. I live in a mid terrace house and we have a right of way shared access from the end of terrace house to the back of our garden.
My neighbour who is end of terrace has basically blocked of the right of way alleyway which was no man’s land and has claimed it as his own.
He also has built a shed/outhouse on the part of land at the back of his house which forms our right of way.
As he has now bought the house adjacent to his he has combined both rear gardens and removed right of way. Despite numerous civil conversations he is always just fobbing us off.
This right of way and layout is shown on our deeds.
How do I got about it? And can someone recommend me a good lawyer if I have to go down that route.
He has had the gardens combined for the past year to two.
He build the shed on our right of way land few years back.
I over heard a conversation saying we can’t do anything due to the time lapsed?
Excuse the iPhone notes sketch attached
The red line shows excess way
Yellow is neighbours house
Purple is my house
Green is the house has now bought
Small square is said she extended on to right of way
Your advice is eagerly awaited
Edited by mm23 on Sunday 23 June 09:07
Sounds like neighbour has taken adverse possession of the no man's land. I'm not up to date on this, but thought that the no man's land would need be fenced in preventing anyone else to use it. Also that to take the land, it has to have been used without objection for 12 years.
I'm not a lawyer though. 'Adverse possession' is something to Google.
Essentially you can't put a shed on land you don't own, but who does own the land? That would be something to be determined with the Land Registry.
I'm not a lawyer though. 'Adverse possession' is something to Google.
Essentially you can't put a shed on land you don't own, but who does own the land? That would be something to be determined with the Land Registry.
You need to act now. The clock is ticking.
You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
Edited by blueg33 on Sunday 23 June 10:49
The situation you have described is very common behind terraced houses. Any competent property solicitor should be able to help you with this. If you are going to do anything do it now; don't wait.
In the meantime get onto the Land Registry website and print off the Titles and Plans for both your property and the neighbour's property/ies. It only costs about £3 per item. Use the direct link below and you will avoid the scamming online intermediaries who just add additional charges for doing exactly the same thing.
https://www.gov.uk/search-property-information-lan...
Your objective is to find up-to-date printed evidence of YOUR right of way marked on your own title and on HIS title(s) as well. You then have pieces of paper to wave in his face before starting on the route of instructing solicitors and hopefully he will see sense. If necessary you can make the point that if it "comes to solicitors" he will incur cost as well.
In the meantime get onto the Land Registry website and print off the Titles and Plans for both your property and the neighbour's property/ies. It only costs about £3 per item. Use the direct link below and you will avoid the scamming online intermediaries who just add additional charges for doing exactly the same thing.
https://www.gov.uk/search-property-information-lan...
Your objective is to find up-to-date printed evidence of YOUR right of way marked on your own title and on HIS title(s) as well. You then have pieces of paper to wave in his face before starting on the route of instructing solicitors and hopefully he will see sense. If necessary you can make the point that if it "comes to solicitors" he will incur cost as well.
Rough101 said:
Speak to a Solicitor, it depends on the clause in your deeds, by closing the access rights they may use this as evidence that you haven’t used it.
Start trying to recall when you had conversation objecting to this.
Lack of use doesn’t generally have the effect of extinguishing a right. Start trying to recall when you had conversation objecting to this.
If you draw a blank with blueg33’s list I can suggest a couple more, but they would be of similar cost.
Edited by LooneyTunes on Sunday 23 June 11:52
Panamax said:
The situation you have described is very common behind terraced houses. Any competent property solicitor should be able to help you with this. If you are going to do anything do it now; don't wait.
In the meantime get onto the Land Registry website and print off the Titles and Plans for both your property and the neighbour's property/ies. It only costs about £3 per item. Use the direct link below and you will avoid the scamming online intermediaries who just add additional charges for doing exactly the same thing.
https://www.gov.uk/search-property-information-lan...
Your objective is to find up-to-date printed evidence of YOUR right of way marked on your own title and on HIS title(s) as well. You then have pieces of paper to wave in his face before starting on the route of instructing solicitors and hopefully he will see sense. If necessary you can make the point that if it "comes to solicitors" he will incur cost as well.
They key thing is to look at the rights and restrictions part of the title. Unfortunately some of these may be just referred to as "the Transfer dated xx/xx/xx contains covenants"In the meantime get onto the Land Registry website and print off the Titles and Plans for both your property and the neighbour's property/ies. It only costs about £3 per item. Use the direct link below and you will avoid the scamming online intermediaries who just add additional charges for doing exactly the same thing.
https://www.gov.uk/search-property-information-lan...
Your objective is to find up-to-date printed evidence of YOUR right of way marked on your own title and on HIS title(s) as well. You then have pieces of paper to wave in his face before starting on the route of instructing solicitors and hopefully he will see sense. If necessary you can make the point that if it "comes to solicitors" he will incur cost as well.
If you see this or similar you will need to download the transfers/conveyances and that will cost a bit more.
If he has made an application for possessory title of the land in question, you can object via the land registry.
blueg33 said:
They key thing is to look at the rights and restrictions part of the title. Unfortunately some of these may be just referred to as "the Transfer dated xx/xx/xx contains covenants"
If you see this or similar you will need to download the transfers/conveyances and that will cost a bit more.
If he has made an application for possessory title of the land in question, you can object via the land registry.
I wouldn't be surprised if he already owns the land in question and that the OP has an express right of way. Either way it's a total PITA if the other party wants to be awkward. If you see this or similar you will need to download the transfers/conveyances and that will cost a bit more.
If he has made an application for possessory title of the land in question, you can object via the land registry.
I'd certainly make sure I was using it daily, walking round the shed into the garden in the hope that the neighbour sees sense and moves the shed.
Might be worth talking to house insurers and possibly your mortgage co?
But download all you can for both your house and the others from the land registry .gov.uk website, it was £3 a pop last time I did it.
Beware of intermediary websites which charge more to do the same and pay google lots of cash to be at the top of searches....
But download all you can for both your house and the others from the land registry .gov.uk website, it was £3 a pop last time I did it.
Beware of intermediary websites which charge more to do the same and pay google lots of cash to be at the top of searches....
https://www.abacus-law.co.uk/blog/right-of-way-blo...
This sums it up.
Personally I would do the land reg searches and then write to him signed for delivery saying
1. I have a right of way per the attached docs
2. We have spoken about this on the ( if you know the dates ) or x times over the past x years and you have said ( or ignored me )
3 I need that access because ....( bins / garden waste whatever )
4 I wish to resolve this amicably before looking at a legal route which will be uncomfortable for us both.
5 please may I have your proposals to re establish my right of way within 28 days
This starts some form of process with close to nil cost other than £6 at the land registry.
If he ignores you then engage a solicitor
This sums it up.
Personally I would do the land reg searches and then write to him signed for delivery saying
1. I have a right of way per the attached docs
2. We have spoken about this on the ( if you know the dates ) or x times over the past x years and you have said ( or ignored me )
3 I need that access because ....( bins / garden waste whatever )
4 I wish to resolve this amicably before looking at a legal route which will be uncomfortable for us both.
5 please may I have your proposals to re establish my right of way within 28 days
This starts some form of process with close to nil cost other than £6 at the land registry.
If he ignores you then engage a solicitor
mm23 said:
How much should I budget?
At a rough estimate, if you are organised and can brief your lawyer clearly (explain the problem, give copy of your LR title to save them finding it, and explain what outcome you are looking for) then for them to review and write a letter probably be a couple of hours work. It’s not the sort of thing that needs partner level involvement, so would expect that initial letter should come in at no more than a grand. Do ask for an estimate though, as lawyers will be happy to provide.
As a cautionary note, where things get expensive with property disputes/litigation is if both sides lawyer up and/or there’s silly behaviour on one (or both) side. Once you start getting lawyers involved, costs can spiral and it can be quite hard to get the genie back in the bottle.
blueg33 said:
You need to act now. The clock is ticking.
You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
I think any of those would be too expensive for a domestic property dispute You need a property lawyer who does property litigation as you may need to get an injunction in place. But start with a letter from the lawyer.
I can make some suggestions but all the lawyers I use are expensive development and land lawyers.
My list of go to’s
DACBeachcroft
Squire Patton Boggs
Gowlings
Norton Rose Fulbright
Edited by blueg33 on Sunday 23 June 10:49
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