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New neighbours think they have access rights across my garden - help!

79 replies

withextradinosaurs · 16/04/2014 15:30

I have new neighbours.

They have been told by the ex-neighbours that they have access rights through my side gate to bring large items e.g. sofas into their house if they won't fit through their door.

I allowed the ex-neighbours to do this when they moved back in (they were living elsewhere for a while) but it was as a neighbourly gesture.

I have also checked with the previous owner of my house, who says the same - when the ex-neighbours moved in for the first time, he kindly allowed them to use the side passage but out of goodwill not obligation.

The new neighbours did not accept my word that they had been misadvised.

I am very upset now as my privacy is important to me and I deliberately bought a house with no shared access.

What is my next move? Should I get a solicitor to write and set out that they have been misinformed? I fear they might have bought the house with the belief that they can come across my garden when they need to. (I am the end of a terrace built in the 1980s).

Can I be that certain just from seeing my own deeds?

Please help!

OP posts:
LandRegRep1862 · 08/08/2014 12:21

OldLadyKnowsSomething is probably right re a new thread and happy to post on there as well if you do that
However this thread has some interesting points so I am going to add some thoughts here as well in case others read it at a later date

Rights (or easements as they are also referred to) can appear on either the benefiting title (in you case the neighbours), the subjective title (your own) or both. It is simply one of those historical aspects whereby properties have been registered over time and in some cases many years apart.

Nowadays (since October 2013) the rights have to be registered against both titles to take effect in law and this is explained in our online guidance www.landregistry.gov.uk/professional/guides/practice-guide-62. However from the sound of things the benefiting right may have been registered for longer than this so may be protected as per the legal position prior to the mentioned changes. This would be something to discuss with your solicitor along with whether adding a gate has in some way implied you agree to their right of access.

d121 · 04/08/2017 12:35

Next door neighbour has blocked access and landlord is unable to carry out repairs to the drain also the property what they own is a through by light property and put an illegal rear door in with out council permission they proceeded to put decking down and blocked access with fence panels also have issue with this neighbour pushing my car with there own and they park over my gate so my son cannot get his motorbike out of the front garden also they smoke cannabis daily as well reported to police on numerous occasions when the neighbours are smoking cannabis and police have not attended.
what can I do with this situation.

redfairy · 04/08/2017 12:41

D121 this is a zombie thread. You may be better off starting a new one of your own.

mistlethrush · 04/08/2017 12:42

Start your own thread rather than bringing back a zombie thread?

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