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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Neighbour has blocked access to car park

27 replies

Jaba23 · 22/07/2022 11:09

I shared a gate with my neighbour in our terrace to access our car parking area. Each of the houses in the terrace of four owns a car parking spaces adjacent to our gardens. My use of the gate shared by me and my immediate neighbour meant me crossing 30cms of that neighbour's garden. This arrangement has existed for about 17 years when the current garden/parking area configuration was created by an adjoining development being built. When I bought my property 13 years back my solicitor did flag up that no RoW was currently on my title (titles only registered in 2002 as individual plots in the terrace) but I was in a hurry to complete so didn't address this then (dumb, never do this!). My neighbour has now built a fence that does not include a gate so I can no longer access my parking space without a 5 min detour along a public road. I have tried to resolve this with the neighbour as i believe if we can reach an agreement (she currently uses a bit of my land to access her car parking space) we can just register with the Land Reg. The previous owner of my property used the shared gate which means that it has been used for over 20 years but not by the same occupants. Can that combined usage constitute an easement? Any advice please?

OP posts:
Comefromaway · 22/07/2022 11:13

If you have no right of way then you will have to use the 5 min detour route.

Earlymenopausesucks · 22/07/2022 11:13

Hold on… your neighbour uses your land to access their space but won’t let you do the same with 30cm of theirs? I would be stopping all access until this was resolved.

Fraaahnces · 22/07/2022 11:15

Time you fence her access then

NeedAHoliday2021 · 22/07/2022 11:15

You need legal advice quickly but precedent does exist - for some things it’s 7 years but I’m not qualified to say if this applies.

Shmithecat2 · 22/07/2022 11:18

Block her access too then.

undermilkjug · 22/07/2022 11:20

Yes it can be use by a previous owner but there will be a number of requirements which have to be met, including whether your neighbour has blocked the access in time to prevent an easement being created. You will need legal advice.

TheOnlyLivingBoyInNewCross · 22/07/2022 11:21

Block her access until you can negotiate a quid pro quo.

Kazzyhoward · 22/07/2022 11:24

Ignore those saying "block her access" until you know for sure whether she has a legal right of way across your land to her property.

Just because you don't have ROW over her land (or you may, you need to check), doesn't mean that she's not got ROW over yours.

You need advice from your solicitor before you do anything else.

girlmom21 · 22/07/2022 11:27

Contact the land registry and find out if she has right of access

fyn · 22/07/2022 11:49

It sounds like you’d have a prescribed easement. The access has been used continuously for 20 years (doesn’t have to be by just you, can be previous owners). I’d recommend contacting a Land Surveyor who specialises on Wayleaves and Easements to help. You can get thirty minutes free advice from one by contact the RICS boundary dispute line - +44 (0)24 7686 8555

Collaborate · 22/07/2022 12:54

fyn · 22/07/2022 11:49

It sounds like you’d have a prescribed easement. The access has been used continuously for 20 years (doesn’t have to be by just you, can be previous owners). I’d recommend contacting a Land Surveyor who specialises on Wayleaves and Easements to help. You can get thirty minutes free advice from one by contact the RICS boundary dispute line - +44 (0)24 7686 8555

As the arrangement appears to have lasted for the last 17 years there will be no prescriptive easements yet.

OP - check that your deed and your neighbour's deeds make no mention of them having a ROW over your land and fence off their route over your land.

I assume you have already threatened to do this?

SoupDragon · 22/07/2022 12:57

I have tried to resolve this with the neighbour as i believe if we can reach an agreement (she currently uses a bit of my land to access her car parking space) we can just register with the Land Reg.

what was their response?

Ishacoco · 22/07/2022 13:00

Just block her access? Petty maybe, but effective!

girlmom21 · 22/07/2022 13:17

Ishacoco · 22/07/2022 13:00

Just block her access? Petty maybe, but effective!

Not if they've got legal access - and OP wants to reach a compromise so why be petty?

StaunchMomma · 22/07/2022 13:30

block her access via yours, she'll soon change her tune.

Original poster
Jaba23 · 22/07/2022 13:48

If I block her access, it will mean the others 2 neighbours in the terrace can't use it either which I don't want to do except as a last resort. The conveyancing between the solicitors for the developers who built the adjoining housing estate and the previous owners of our land was really sloppy -- my solicitor resolved some of it when I bought, but weirdly the passage to everyone's parking space was put on my deeds and it still stands on the Land Reg. I have flagged this up to my neighbour - suggesting we went for the quid pro quo solution but she is currently ignoring that offer.

OP posts:
Original poster
Jaba23 · 22/07/2022 13:50

Really useful advice on the RCIS advice route, thanks. And thanks for all the other contributions too.

OP posts:
PuttingDownRoots · 22/07/2022 13:51

Is she blocking the other neighbours access or just yours?

fyn · 22/07/2022 14:02

@Collaborate but it says the previous owners used the gate for 20 years so there would be a prescriptive easement.

ThisTooShallPassOneDay · 22/07/2022 14:03

Property solicitor here - when you purchased the property did your solicitor obtain a statutory declaration from the seller confirming that they had used the area in dispute during the ownership or take out an indemnity policy for you? If not then that would have been pretty sloppy, although possibly not negligent if there is another route of access albeit less convenient.

If so and if your 17 years usage plus the previous owner's usage exceeds 20 years then you will be able to register the right of way at Land Registry. The problem is that if you do manage to register it your neighbour will have to grant you access but may refuse to do so in which case you would have to start costly litigation. Just be careful as any disputes would have to be revealed when selling your house so it may put potential purchasers off however presuming the lack of direct access would be a problem for a prospective purchaser too! It's a minefield tbh but hope this helps.

WudYouSayItInRealLife · 22/07/2022 14:07

Lol, this is why you can't post things like this on Mumsnet. There are some very knowledgeable and helpful posters but some that just talk rubbish and it's not always easy to tell who is who.😅

Can you see if the access is in use by your property on old google photos?

WudYouSayItInRealLife · 22/07/2022 14:08

@ThisTooShallPassOneDay

I agree.

abigailsnan · 22/07/2022 14:09

Is there any reason for your neighbour to act in this way so suddenly,have you been on neighbourly terms before this incident or have you had a falling out ?

Nat6999 · 22/07/2022 14:09

Have you got legal cover on your house insurance? This is the perfect example of when you can use it.

Collaborate · 22/07/2022 14:51

fyn · 22/07/2022 14:02

@Collaborate but it says the previous owners used the gate for 20 years so there would be a prescriptive easement.

Point taken. Assuming it was across the same gate in order to reach what is now the parking area then there will be 29 years use. May not be straightforward to prove it was use as of right rather than an agreement - which is why threatening to block their access may point out to them the consequences of their own actions.