Right of Way

[chrislk89]

Hi All,

My partner and I have just moved into a mid terrace property (number 2 for reference of this matter, number 4 next door and 6 next to that).

I recall our conveyansor telling us that we had a right of way down an alley way between houses 4 & 6 and accross the garden or number 4 to access our own garden, their is a gate into our garden from the passage way which would indicate the same.

I was using the passage way the other night to take garden waste to my car at the end of the passage way. The occupant of number 6 told me that my only right of access to that passage way was to look under a manhole cover. Also stating that as his property was structurally unsafe and next to the passageway, he would be liable if anything were to happen to anyone using the passage. This is not in dispute I know you cannot limit or exclude liability for personal injury.

What I do dispute is the fact that our right of way is limited to a purpose, there is no other access to the garden other than through the house and I dont want to be taking waste throought the house.

I got a copy of my title register from the land registry which states the following:-

"together with full right and liberty for the purchasers and their successors in title the owners and occupiers of the property hereby conveyed and their tennants and servants (but in common with the vendor and her successors in title and the owners and occupiers for the time being of the other houses now of formerly belonging to the vendor anf known as numbers 4,6 and 8 street aforesaid) at all times in connection with the use and occupation of the property hereby conveyed as a private residence but not further or otherwise to go and return along and over the passageway between the properties known as numbers 4 and 6 street aforesaid and together also with the right at all times (but in common as aforesaid) to use all sewers drains water gas electric pipes wires cables and meters which are now or may at any time be in or under the properties known as numbers 4, 6 and 8 street except and reserving unto the vendor and her successors in title in fee simple the free and uniterupted passage and running of water and soil or gas and electricity from and to the other properties of the vendor and her successors in title known as numbers 4,6 and 8 street aforesaid through the sewers drains and watercourse gas and electric pipes wires cables and meters which are now or may at any time be in or under the property hereby conveyed with all easements rights and privileges proper for repairing maintaining and reinstating the same."

I appreciate its alot to read but would appreciate peoples thoughts.

thanks

[ChunkyPickle]

to go and return along and over the passageway between the properties known as numbers 4 and 6 street aforesaid

That's pretty clear - you have the right to go and return along the passageway between the properties

The right to access your garden across theirs doesn't seem to be mentioned (although why else would you need to go through the passageway?)

The longer bit is pretty common - that they can't suddenly cut off your sewerage or electricity or water just because the pipes/cables cross over their property, and that you also have the right to access them even though they are on your property.

[MaryMOORE]

They acces to along the passage to maintain their drains, they have no right of way across the neighbours garden, looks like the neighbours where telling you the truth, you will have to bring the rubbish through your house.

[titchy]

OP says there is a gate from the passage to her garden. She has the right to use the passageway for whatever reason she needs as I read it, but agree there is nothing about using number 4's garden. They would probably not mind though if she needed.

[chrislk89]

That's two conflicting messages, are there any property lawyers out there able to offer a third opinion?

[chrislk89]

Thank you all for your thoughts. It is not number 4 that is the problem it is number 6 I don't even think the passageway is withing his boundary. I may purchase his title plan from the land registry.

Thanks again everyone.

Would still welcome more interpretation.

[Collaborate]

Haven't got a clue where MaryMOORE pulled that bit of advice from.

You have a right of way across the passageway for whatever reason you want. You also have an easement permitting the passage of services through 4&6. Such an easement carries with it the automatic right to carry out repairs if necessary.

[Collaborate]

Forgot to say - as the owner of the dominant tenement you have the right to repair the surface if necessary.

[chrislk89]

Thank you very much for the clarification!