Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Right of way access dispute

28 replies

maggie45 · 05/02/2022 20:13

Please bear with me on background
We live in a row of 10 houses, which have a shared right of way path at the bottom of each garden. We all own the land adjacent to our gardens respectively, but it is a shared right of way for vehicle access to garages within property boundaries.
The end of the row of properties ends at a school fence.

The end terrance house (next door to ours) have built a brick garage at the back of their garden, over their section of the shared right of way path. They have, however, put a door in the side of their garage that looks out into the path for "access".
They also don't have planning permission for the garage, and it is bigger than is allowed.

They've built right up to the boundary of our property, technically blocking us from being able to drive through and reverse back into our property, which we have the right to.

Are we right in thinking they've forgone their right to access the path? Could we now technically do the same? We've spoken to them about the fact we would like to do the same in terms of building a timber shed at the bottom and cover our section of the path, but they've said they're not happy because it stops them being able to access their garage from the path. (they still have access via their garden and the door in the path is too small for them to fit a car through)

It's supposed to be for vehicle access only, and the door they've left on their garage is too narrow for them to get a car into the garage. I'm also under the impression they're not allowed to stop on the path at the bottom of our garden to unload into their garage, which they seem to think they can.

I hope this has all made sense. Has anyone experienced something similar?

OP posts:
CellophaneFlower · 06/02/2022 09:18

So they have cut off the property to the right, from access.

The neighbour's property IS the one on the right. OP's property is outlined in red.

Leftbutcameback · 06/02/2022 11:38

The issue about the right of way is an interesting one - lots of case law on what you can and can't do, including parking / stopping etc. Depends on the wording of course too. It's really not something you want to get into a dispute about on the details.

If you are interested I'd recommend something like Gale on Easements!

The garage / planning issue is of course completely separate from the RoW which is a (private) benefit attaching to your property.

MrMrsJones · 06/02/2022 16:22

@CellophaneFlower

So they have cut off the property to the right, from access.

The neighbour's property IS the one on the right. OP's property is outlined in red.

Oh god, yes of course...dur
New posts on this thread. Refresh page