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?!

"...but states in the deeds that we have access to the full length of it. No ambiguity whatsoever."

In that case, it's game over for the CF neighbour.

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

Be very careful indeed about direct action. The first thing I would do is to check if you have any legal cover through your home insurance, mortgage, credit card, employer, union etc.

If you do, then contact them and explain about the deeds and what the neighbour has done.

Might I also suggest that you also post about this on a website called Gardenlaw? They have people there who do know all about rights of way etc.

For example, there was a thread from a person going through exactly the same thing here:

https://gardenlaw.co.uk/phpBB2/viewtopic.php?t=19020

It was very tough going.

Thanks. I will check that out.

This will require legal action sooner or later so best to get it started sooner.

Update:

I just had another chat with the neighbour and suggested that if he wants that rear half of the access as part of his garden then buy it from me, ie pay me to legally rescind my access rights. I would still have access to my garden from the shared access via another gate just in front of where he's built the new one.

He didn't go for it because he knows that several houses in the terrace have the same access rights. Paying me still wouldn't make it 100% his. As he said he "would have to pay everyone". So it was total cheeky fuckery. He knows what the situation is and has agreed that a fence will go back on the original line. I can live with the gate providing I have a key.

Glad I haven't smashed anything up yet but we will wait and see. Thanks for all the advice!

Wow
That must e the quickest result I’ve ever seen on mumsnet

well don’t for standing your ground

Thanks but I may be back in a couple of weeks when no fence has appeared!

Perhaps state you want it reinstated within a certain period of time.
Thats what solicitors tell you to do to prove you’ve attempted to resolve a dispute yourself first.

Talk to your buildings insurance people. If you don't re-establish your rights to that land, the value of your house will reduce significantly which could put you into negative equity. This is theft, from you. Your insurance may cover the cost of legal proceedings. You cannot just let it go. If other houses in the terrace also share the access you can take a joint action against the bastard.

Looks to be a good result OP. I don't know why some posters were suggesting contacting the council. As far as I can see there's no mention of the council owning any of the land. Anyway, if he doesn't restore the fence, do you have legal cover on your home insurance because they can probably advise. Something like this will devalue your property.

Surely just get a screwdriver and remove the gate? post the fittings through his door..

I do have legal cover but won't go there yet. Hopefully the fence will go up and we'll be back to what the situation was before yesterday ie my fence, shared access and his fence. I don't mind the new gate providing I can get through it whenever I want.

I will do if necessary but it might not be

I would have a legal letter so fast if the fence doesn’t appear in a week. Why give him longer to be a total arse?

also, I don’t understand why you can’t just take the gate down. It’s on shared property, so it’s not his you’re damaging, you’re a joint owner. You’re removing an obstacle, very fairly. I just don’t see any legal ramification, can someone explain to me why be cautious? It’s not like when it’s a fence on their boundary line…

What does the fact you live in a council house have to do with anything?

You really don't need their permission to access it. If this means removing the gate then do it.