Where would a right of way be in the deeds?

[takingitback]

I've got my neighbours title plan and register and I need help as she's claiming she has a right of way through my back garden. However before she cut down my hedge there was never any access point. If there was this "right of way" I'm sure a hedge would have never been planted?

They've left a gap in between my bush for their exit point and they basically use it as an excuse to come and play (they've had bbq in my garden while I've been on holiday, and her girls have broke my swings)

Because I'm council I feel they've taken advantage but I'm struggling where to find any right of way?

Any help please

It’s really common for neighbours to have right of access through your property - especially in council properties or similar layouts (four in a block/terraced etc)

Its literally only for access though - they can only walk through it, not actually use it.

What council are you with? Most councils maintain a register of footpaths you can check. Have you seen the title deeds/plan? It should be marked on the plan.

If there is a right, it should be registered on your deeds, but possibly not your neighbours. It would be incredibly unusual to have a right that allows use rather than just access...

That sounds so stressful.

The A register might have a phrase such as: “The land has the benefit of the following rights…” or “ The land has the benefit of rights contained within…”

In the first example they’ll be written out, in the second would say copy filed meaning you’d need to download a copy of the conveyance

Further to the above, you will be subject to that right on your register.

Wouldn't a right of way go somewhere? Like a mid terrace has access over a path through neighbouring gardens.

It will be clearly indicated onthe written but that there is a right of way.

i would read the whole lot. If you can find nothing and your are in a council property you need to go to your council/housing association and get them involved.

No its definitely not normal for someone to have access to your back garden it's a massive security risk and one the council would not allow, they build walkways. Do they not have a garden? It's trespassing call the police. It's up to them to prove they have access to your property not for you to prove they can't come in and use it. Next time call the police and say there is an intruder. Log a case of damage/vandalism with the police too. It's against the law to chop any plant or hedge that belongs to your neighbour so log that case with the council too! Put a fence up, keep them out till they prove otherwise.....and I'm the meantime bill them for the swings. Also they can not come in and start a fire either, be it BBQ or otherwise. That voids your insurance become you didn't declare shared access and shared access would double the premium! Kick the CF out

It's definitely possible there is an old right especially if it's something like an old terraced house and there was a right for coal deliveries or similar.

The right should be on the A register of your neighbour's title and on the C register of your title.

According to this Land Registry page

• The right must be recorded by deed and in the case of registered land, should be recorded on the Title Register for each property affected.

IANAL but that would seem to indicate it should be on their title deeds.

Were both properties originally council owned but your neighbours have bought theirs? It might be worth reading the whole page, especially the bit about easement by prior use.

I can’t see how that would work if there used to be a hedge with no gap in it, and the neighbours coming onto your land is recent.

I agree with previous posters that rights of way are about passing across the land, not using it.

and I've reported @TheNightTroll 's post.

Block it off again and see what happens? Make them prove it? Pretty sure usage wouldn't be permitted.

When I had a right of way across a neighbours garden (old property and it was to access land behind their garden - previously an allotment), it was clearly marked on both my deeds/title plan and my neighbours deeds/title plan. On my plan, my boundary was outlined in red and the right of way was cross hatched in red if memory serves. If it’s not on either yours or your neighbours deeds/plan then it doesn’t exist.

If you are renting from the council, it is unlikely you will have a deed, talk to your local councillor that is part of his role.

Right of way certainly doesn’t not allow them to actually use your garden. They’re allowed to pass through it, that’s all.

CFers to have BBQs in your garden and play in it!

The house of a family member is ex-council and end terrace, the family member needs to give the next door neighbour access to put their bins out

For years the families all got on well there wasn't even a fence between the gardens and then over time things changed and a fence was built with a gate, occasionally we see the neighbour walk through with their bins but other than that they are not seen at all

Is your house an end terrace and the house next to you blocked in with no exit via garden for things such as bins?

@user1471505356 you can get the title deeds to anyone's property. We got ours and our neighbours to make sure they said the same thing. So the OP can get hers and next door's paying a few quid.

It is classed as a Right of Way and it would be in the title deeds for both properties or all properties that can access the ROW.