Right of way and boundary issues

Right of way and boundary issues

Author
Discussion

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
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

Edited by mm23 on Sunday 23 June 09:07

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
I can recall bringing this up with him numerous times over the past couple of years.

However these are verbal

It says on my deeds use of land and help in maintenance/financial.

He won’t let me in to maintain

I’m in northwest London can anyone recommend a solicitor

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
House was purchased aug 2018

He has lived next door since 2014

I haves here since 2012 house has been owned since 2011


The great shed was built 2017

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
A point to not he has a driveway at the front of the house which has in the past been increased to cover said right of way but we have always had access over the driveway to the alley.

Thanks for the recommmendation.

I will look to get the documents tiday

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
How much should I budget?

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
He will not resolve amicably.

He is too comfortable that he has combined both gardens.

He won’t let me walk through.

The gate is padlocked.

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
We have been asking them politely trying by to keep it amicable. We still had access to garden the shed has gradually been getting bigger in size by adding in lean to.

Secondly the shed doesn’t block the whole access 3/4 of the way if not more.

Thirdly we would like to extend and the side excess will make it much more cleaner then builders going through the house.

You can still get through haven’t spoken to neighbours about their access as my immediate neighbours live abroad majority of the year the ones on from there have had their house on rent.

Also agree when place goes onto the market in the next few years will be a nightmare.



Edited by mm23 on Sunday 23 June 16:15


Edited by mm23 on Sunday 23 June 16:15

mm23

Original Poster:

98 posts

147 months

Sunday 23rd June
quotequote all
Firstly I would like to thank you kind gentleman taking the time on Sunday to respond to my plea of help.

Said she’d has grown in time, now I am unable to use right of way.

Since said neighbour has acquired neighbouring property he has combined the gardens. Even if we look on google maps it shows the right of way which has only recent been combined into one garden.

At the fronts of our property we have generous drives, his drive way finish goes over the right of way. I don’t have a problem with that. I just want access and he is not amicable and to be frank having an open dialogue with him will be of no use.

I just want the right of way open he doesn’t own the land because on the land registry it shows it’s not his land. Shows my boundary and his boundary he has as much right to land in question as I do.

I would really appreciate recommendations for decent firm. I work in construction myself albeit not the land side.

Once again thank you for your replies

If anyone has details of EQuus I would appreciate a dm.

Have a good evening gents!

mm23

Original Poster:

98 posts

147 months

Monday 24th June
quotequote all
Hi all,

As said before neighbours next to me live abroad majority of the year house next to them is rented owners live abroad.

It is an inconvenience - reading deeds it says clearly right of way with a caveat of money towards up keep or up keep.

I have not once been asked for any financial contribution. If I would’ve happy to pay.

Also to add said neighbour blocked the ear and said just lift up the garden fence and use entrance. This was before he ripped away with my fence and replaced with timber boards. But that’s another issue in itself.

We have tried to remain civil for as long as possible but it is really effecting our build plans for garden/extension.

mm23

Original Poster:

98 posts

147 months

Monday 24th June
quotequote all
Added for more clarity.

I’m happy to pay for the fences and to change the gate if needs be…

This is the exact workding in the deeds

The land has the benefit of a right of way on foot only over the passageway tinted brown on the filed plan subject to payment of a due proportion of the expense of keeping the same in repair.

This is what shown in my deeds my house outlined in res


mm23

Original Poster:

98 posts

147 months

Monday 24th June
quotequote all
I understand what you are saying I am currently looking for a local solicitor.

It’s been so annoying not having access around the back but in the hope if having amicable relations with neighbours we have tried asking them nicely.

Let’s see what they say…. I think legal advice is essential.




mm23

Original Poster:

98 posts

147 months

Monday 24th June
quotequote all
No he isn’t blocking my right of way due to building works. The reason is he owns the house on the other side and has recently combined the gardens into one.

Edited by mm23 on Monday 24th June 15:50