Basically, its quite complicated and grey...
WE are a central house in a terrace of four. Our access is at the back, through a gate across next doors back area through their gate into a side alley way.
When we lived here as tennants, next door blocked our access, we never used it, it did not really bother us, our Landlord never lived here and was also not bothered.
However shortly after that, our Landlord sole the house to us. We asked about the access and were told the neighbours would do anything to facilitate us using the access ( even though, what was once flat ie, if we wanted to keep our bins at the back for instance we could easily wheel them to our back, and back to the alley way, now there is raised decking higher than my waist blocking it, I would have to lift the bins up high to get them onto the decking, them a huge drop back down.....) or indeed any work - wheel barrows would need to navigate this huge drop)
When we brought our house, we knew we had legal access. However they then shortly after sold their house, and the new neighbours did not get a full property investigation done, so I do not think they were aware of this decking.
I casually mentioned it blocking our access but I think technically it was just outside the time limit of me mentioning it to them?
Because it was raised at the time, perhaps its our fault for not being more pushy or our landlord at the time, or when the new people brought it - has anything become their responsibility?
I asked them casually if they would install a gate, they said sort of yes, but they have lots of work done on their house and no gate.
We get on well with them and they are really nice people, and I am not sure I want them to rip their decking out I was just wondering though if anyone would clarify legally what the situation would be here?
For instance, if it was me who had brought next door, I would go back to the sellers and say - you knowingly blocked the houses next door to us access with your decking, you re assured them you would help them with it - but its not really possible because of the decking, we want compensation to move our decking and re instate the access.
sorry to ramble!