Right of access - changing the height

[GingerKitCat]

Bit of a weird one

I'm a mid terrace with right of access (deeds) through two neighbours' rear gardens, across the back of the houses.

When I moved in both neighbours had lived there forever and the gardens were very old fashioned/ concrete-y (ex council houses). The right of access was a very obvious concrete path and the two houses had even marked the start of their garden-proper with a low wall/ hedge. I'm rubbish at diagrams but it basically went house, small patio, ROA path, low wall/hedge, lawn.

Ownership has since changed and lots of renovations are afoot. My immediate neighbour has extended the kitchen onto what was the small patio but stopped exactly at the ROA.

I've found out they intend to put decking from the extension over the ROA and the first portion of the lawn.

In principle I have no problem with this (it's their garden after all) however I'm wondering if it's normal to raise the height of the ROA path between gardens. I keep the bins at the front but there are occasions when I bring the green bin round and fill it to the brim (keen gardener!) It's then extremely heavy and I'm not sure I'd be able to haul it up onto the decking. Ditto if I have any other heavy supplies to bring round. They also have a habit of leaving stuff in the supposed ROA (e.g. wheelbarrow, hose reel, plastic crates) which I have to move out of the way. Not a problem but I don't really want to be negotiating patio furniture/ outdoor sofas which are likely to appear there. That's a separate issue anyway!

I feel really petty but I'm wondering if it's an obstacle I need to accept? Their original design was a slate path with a gravel patio the other side (not decking).

Hi Archery, sorry I didn't clarify. All the gardens are now fenced (6ft) with 6ft wooden gates along the ROA. When I first moved in the fences were old fashioned (ex council) wirelink to a height of about 3ft. The old residents had grown hedge along them for aesthetics and a bit of privacy. The ROA gates were 3ft wooden picket (?) style previously, sort of cottage style. The ROA was defined by a small (3 or 4 brick) wall so it was a bit more obvious.

Thanks, Ginger.

I think I'd just be very wary of any permanent changes being accepted without confirming that it doesn't legally change anything, as otherwise I can see some sort of habitual use being cited in the future with the new arrangements.

(Same with emochild's situation, too - I would not accept any restriction such as a locked gate without me having a key, as it's a new restriction on your previous rights of free access.)

Thanks! I'll take a look at the deeds, not expecting it to be straightforward or even in my favour really but it didn't sit right

Does anyone know whether it's the title register or the title plan that I need to download from the Land Registry website? Presumably for their property?

Bump

Get both as typically the register has the description and the plan shows what is referred to. You should probably get both for your house and theirs, so £12 for all four documents.

Thank you