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Original poster

Any solicitors - right of access (foot and vehicle)

38 replies

flumpybear · 05/10/2018 12:23

Hi was hoping for some help. We bought a house years ago with access rights over part of our land that the neighbours can use - essentially they can't get u to their house or garage without the access right, this is fine with us

Our solicitors told us twice that the neighbours can't park on our drive as it's 'trespassing' albeit they've every right to cross over the top to get into their garage. We were also told that although they can use the pathway to get to their house/garden they can't leave things on it (bins, planters etc) because it's our land and they have only access - nothing else

New neighbor is now saying their solicitors have told him he can both park on our land all day if he wants to and leave bins, mobility vehicle, steps etc on our land - our solicitors day different

What's the legal approach here really? There's nothing other than 'right if access in x colour for pedestrian and y colour for vehicle
Thanks

OP posts:
WhollyFather · 05/10/2018 12:37

This sounds like an Easement, which is unlikely to allow any more than right of passage, but you need to check what your deeds say.
www.land-registry-documents.co.uk/order-documents/

IANAL

UrsulaPandress · 05/10/2018 12:39

Right of access is surely just that. We have a 'shared' driveway in that we own it but the two houses build in what was the orchard have a permanent right of access along it by foot or vehicle.

Fiffyshadesofgreymatter · 05/10/2018 12:40

Ask to see the letter from their solicitor which tells them they are allowed to do all that. Quite often, people will just say "my solicitor told me" when never said anything of the sort. Ask for proof, then check your deeds and then have your solicitor contact them to stop the behaviour. Hopefully you won't need to go any further.

PaigetheRepahite · 05/10/2018 13:07

What does the wording say on your title register exactly? Is it as per your last sentence?

Minniemountain · 05/10/2018 14:52

I bet their solicitor hasn't told them that.

I've never seen a right of way that allows parking on the access.

user187656748 · 05/10/2018 14:56

We have a similar situation and because our house is at the top of a steep hill and the neighbours house is at the bottom, they sometimes abandon their car on our driveway if its icy. It drives me mad and it isn't permitted but because we can still get past I haven't done anything about it yet.

notapizzaeater · 05/10/2018 15:21

I'd get your solicitor to ask to see what they think they have. Have you legal cover with your house insurance ?

scaryteacher · 05/10/2018 15:27

We have a similar set up and my neighbours are only allowed to pass over my drive, not park on it.

Original poster
flumpybear · 05/10/2018 17:30

Thank you all! Yes it literally says right of access ... I'm going to dig out the deeds now! ... just in case!

OP posts:
JackieReacher · 05/10/2018 17:33

Normally would say eight if access to pass and repass- and it’s limited to just that. Right to leave property on your land / park on it would need to be clearly stated. They’re either trying it on or the estate agent lies

Original poster
flumpybear · 05/10/2018 17:46

Exact words are
The property is conveyed: subject to the right of way for the benefit of the owners and occupiers of the adjoining property over .....

He owns it but rents it somsounds perhaps like as he's not the occupier he can't access it as he lives many miles away?! But he's the one who parks there at his leisure. Which actually blocked our access as the entrance to the driveway is as wide as a car plus a bit more but there are three spaces and he thinks he has the middle which means one end space is blocked leaving or entering

The vehicular access says
Subject to the vehicular right of access over the driveway and forecourt for the benefit of the owners and occupiers Of adjoining property

This was on the transfer of the people who lived here before us who purchased in 1991 - us in 2006

OP posts:
JackieReacher · 05/10/2018 18:09

Very clearly a right of access and worth £300 on a letter if they maintain their trespasses after you’ve pointed it out

Original poster
flumpybear · 05/10/2018 18:10

Thank you @JackieReacher
Just wondered if you're a solicitor?
Much appreciated whether you are not though 🍾Thanks

OP posts:
Original poster
flumpybear · 05/10/2018 18:19

Just a thought but my neighbour keeps telling me his property is far superior to ours as he has total access over our property in restricted areas and ours is just a burden so makes it a huge negative

My thought were that he literally can't access the house without being on our land which is a real negative, particularly if selling, but he keeps telling me it's not negative st all and we're really on a back foot - albeit we actually are the wonders of the land ... I'm either very wrong, as well as our solicitor, or he's very deluded?!

OP posts:
wowfudge · 05/10/2018 18:25

What do you mean he can't access it as he's miles away? He sounds an idiot but I'm not sure if you mean the owner or the tenant. I would just sharply say that without a right of access over your land they wouldn't be able to get to their house so who's superior now? we own the drive to our house and next door have a right of way over it. We're not allowed to restrict their access although we can put a washing line up there! They are certainly not allowed to put things on our land.

wowfudge · 05/10/2018 18:29

I suspect he's the kind of tosser who, were he in your position, would keep calling round and reminding you you only have a right of access and it's his land. One of life's pains in the neck who can't just trust people to get on with things. It's weird reverse psychology - he's concerned about maintaining access to his place I reckon.

Original poster
flumpybear · 05/10/2018 18:34

@wowfudge - sounds similar! I'm going to call their bluff! Their solicitors ought to have got in touch at the point of sale .. he keeps saying his solicitor is excellent ... I'm thinking they're crap! No discussion or query yet they're suggesting they can totally use the access as essentially their own land and we just have to suck it up - cheeky fuckers! I'm a bit worried in case it goes to court and court rule In Their favour -but that's probably just my own worry!!

OP posts:
wowfudge · 05/10/2018 18:38

It's documented so unless he has some sort of agreement you have never seen between the past owners he is talking out of his backside. But don't give him ideas! We have three rights of access here - one for the drive, one over a terrace and one to use a footpath. Our neighbours are reasonable people though and have gone halves on grit for the winter.

PotteryLady · 05/10/2018 18:38

I have lived in a property in a row where you were allowed vehicle and pedestrian access across the properties to the right but only park on your own and you had maintain your own drive. So he is a dick. Where do you park if he blocks your drive?

Original poster
flumpybear · 05/10/2018 18:46

He has to pay 50 % if the driveway renovation/repair etc too by the way! Albeit we actually own it!

So far he's not been there when we've been there so it's not been an issue - it's speculative

Just to throw a humdinger in, he's asked us multiple times to sell our house to him - bearing in mind we live in a strange town that has ridiculous house prices ... he's pulling a fast one I'm sure trying to make us feel 'on the back foot' but didn't want to say in OP as thought it would skew the thread

OP posts:
Original poster
flumpybear · 05/10/2018 18:49

Thanks @PotteryLady - really helpful information - he hasn't yet blocked us in or out
Previous neighbours did and think his thoughts are from their lies ... had loads of troubles with them! (Them = the 70+ year old children of then old woman who lived and died there ... they always saw us as the 'kids' who bought next door so thought they could bully us ... )

OP posts:
minisoksmakehardwork · 05/10/2018 18:50

Oh he's a CF alright. I bet he's pissed of you've bought the house and is acting like a complete knob in the hope that you get fed up of him and put the house back on the market.

CalamityJane10 · 05/10/2018 19:00

Send him a solicitors letter stating that he has no right to park on your land and threatening to get an injunction (court order restraining him from parking on your land) if he persists. Remind him that you will seek to recover any legal costs incurred from him.

Original poster
flumpybear · 05/10/2018 19:07

Inthink were worried he might be right but after all you're saying it sounds like in other people's experience it's him who is wrong

OP posts:
CalamityJane10 · 05/10/2018 19:09

Sorry, it has been a while since I did any property law but it just occurred to me to ask whether your property is registered at the Land Registry? If it is, there’s no issue over acquired rights.

If not, and the previous NDN parked on your land for a certain length of time without objection (from memory, I think 12 years) there may be an argument that the right to park has been acquired.

If your neighbour recently bought, it might be worth checking on the Land Registry what his title deeds say about his rights over your land.

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