Neighbour claiming shared access as their garden

[Ablondiebutagoody]

Hi All. I wonder if anyone can help me with an access issue?

I live in a mid terrace house with a shared access path between my house and my neighbour. The path runs from the street at the front of the houses, along the full length of the house and back garden. Neighbours first floor spans across the access at the front. No issues there.

Neither property owns the path. It is shown on both title plans passing between my red line and theirs. This weekend they have removed the fence along the side of their back garden (previously the boundary between their garden and the path) and claimed the path as part of their garden. My garden/path fence is now the boundary between our gardens. They have put a locked gate across the path in line with the back of the houses so that they have access from the street to their back garden.

I have had a chat with them and this is indeed their intention. I very politely told them that it wasn't acceptable and they have said that they "might" put the fence back.

If they don't put the fence back and my gut tells me that they won't, I'm wondering what my options are here? I want to remove the gate myself and make use of the former access path that is now in their garden but am aware that's probably not the best course of action. What should I do instead?!

What country do you live in

I live in a council property in england…so I’m interested to know wether it’s your property, bought, do you rent? 🥰🥰🥰

They can’t block shared access

England

Myself and the neighbour both own the houses

I know but what do I do? Kick the gate down and start walking up and down "their" garden? Or something more restrained?

They are taking the piss. Contact a solicitor.

Also we need a diagram.

What do you think their motive is?

They were quite clear on the motive. They want a bigger garden.

Pic is my boundary in red. There's is similar. Path is not included in either but states in the deeds that we have access to the full length of it. No ambiguity whatsoever. Green shows gate and removed fence.

Well, they don’t get to just decide they want a bigger garden and that you get excluded from the path.

Totally agree but that's what they've done so solicitor and spend money or direct action?

Bloody hell I would just politely insist. Is it written in your deeds? Were you using the shared access much ?

my friend lives in one like this and the path splits at the rear of the houses and then there is a gate into each back garden. This makes it clear the path is access to the back.

If they want a bigger garden they could move

Yep. Crystal clear in both our deeds. They are being total cheeky fuckers

Of course not the land is owned by the council
Tell your local council.

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I would find it hard to resist taking direct action it’s so outrageous. Can you perhaps tell them that you’ve checked the deeds and therefore you expect them to reinstate the legal boundaries of the property immediately, and if they have not done so by ..,, you will do so yourself without further notice. If you can put it in writing or by text is good. Check if you can record a conversation.

Direct action. Save your money.

Do you use that path for bins, parking access, etc?

OP, Where is the access from the alleyway in to your back garden? Do you have a gate somewhere along your side of the fence? Does their new gate restrict your access from the alleyway to your garden? If so, then direct action should be fairly straightforward. The sooner this is dealt with the better!

It’s actually irrelevant where OPs gate is along the line of the fence. OP could put their gate wherever they wanted and in fact multiple gates if they wished.
This is classic Victorian terraced house design
The council own these back alleys
Different houses have full rights of access to the full lengths of the alleys

OPs neighbour has taken that right away. Even if OP had no gate they still have a right to walk skip and jump up and down the alley

OP needs to alert the council to this contravention and to the fact their neighbour has stolen the council land

I would ask them to reinstate it within a week or you will start legal action.

Solicitors letter. Ask if you can include a request for compensation for the period in which you were unable to access the shared path because of their gate. If you can include an amount payable for loss of use and a deadline by which access to the path is to be reinstated. If not reinstated, straight to a small claims court to have the boundaries reinstated.

@IloveSootyandSweep Great username. I particularly love Sweep.

I know it doesn’t make any difference legally. The OP’s CF neighbour is clearly in the wrong. I was just interested to see the implications to the OP (i.e. rear access for contractors/emergency vehicles) as this would no doubt back up any report (in addition to legal rights) to the local council.

It’s an alley, so pedestrians only.
Im guessing this from OPs description and the plan
It looks like the classic Victorian planning of terraces and the width isn’t wide enough for vehicles

How far OP gets I’m afraid will depend on the council contacting the neighbour.

It will be difficult to take legal action against the neighbour without the backing of the owner of the land. Technically the council should be doing that anyway.

Personally I’d take a loud of photos, a copy of the deeds and send them to the council by email telling them
their land has been stolen and
the easement has been obstructed

It would be great if there was an obstruction of emergency vehicles ( to help OPs case ) as you say Slimesuspect but that’s not the case here

ps. Sweeps my favourite too but someone had already taken the username I love sweep 🤣 I do have an original sooty and soo puppet though as I saw them live at Watford Palace Theatre….😁

I would try explaining again to the CF that unless they reinstate the fence and access you will be forced down the legal route . That will need to be disclosed by you and CF if either of you try to sell your houses to a third party in the fullness of time and may deter buyers , even if the dispute was historical .

The first point is to look at exactly what the deeds say about access and get office copy entries for the strip of land - someone must own it- not necessarily the council , and you and they must have a right of way or easement over it.

In most cases, a gate can be put on a right of way for security but the rule is that all those with a right of way have a key .

It needs sorting asap before they become too settled or invested in it- but don't take direct action as they might report you to the police if you damage their gate etc - technically it should not be there but it belongs to them and you don't want things escalating.

I am assuming your house insurance does not have legal cover that covers this type of neighbour dispute - in any event that would increase future premiums etc

I would pay for one solicitors letter to say that unless they reinstate the access way and the fence within x days you will apply for an injunction to reinstate access and claim damages for loss of access to the right of way and payment of your legal costs. If you bought recently your conveyancing solicitor may be able to do this for you.

All a massive pain and feel very sorry you are in this situation .

Can you try some small-scale direct action—setting up a lounge chair in the part they’ve taken over and sunning yourself? Set up a table and eat breakfast there as a family? When they protest say “shared access!”