Advice needed over boundary/access dispute!

[BichonFriseLover]

Hello, I am incredibly stressed (Just completed on my first house and starting a new job in a couple of weeks) and I am really hoping for some slightly empathetic advice.

Have recently brought my first house as of last week which was incredibly stressful and overwhelming, The property has a garage to the rear which is accessed through the neighbours side road behind which my house has full right of way over at all times on foot and by vehicle, There has also been a gate there for approx. 20+ years from my now garden onto this side road where my garage is, The deeds since 1965 say I have full right of access at all times,

The neighbour behind is now trying to claim I don't have access on foot and only to the garage and need to cut in access to my garage in order to access the side road, She is also claiming there shouldn't be a gate there despite it being there for 20+ years and there are no restrictions in the deeds on access points (Gate opens inwards onto my boundary/garden).

Of course I don't want the stress of a dispute as I am exhausted as it is trying to keep everything together, but also I am very conscious and only too familiar with these sort of "bully boy" type situations where people try and push you around and try it on, I am contacting a couple of dispute solicitors for some initial advice but feeling quite overwhelmed,

I know I am in the right as it's in black and white, but I'm not really sure what to do as it is souring what should have been a huge life moment for us.

Does anyone have any advice/experience of this?

I would just keep using it and if she says anything else tell her it’s in your deeds. She’s probably just trying to intimidate you and get you to stop using the access.

What does the plan attached to the deeds show?

None of this was mentioned by the vendor? Nothing picked up by your conveyancer?
Sounds a bit negligent.

Your neighbour is taking advantage of the fact you have just bought the house to deny access as allowed on the deeds.

The title deeds specify the right of access, and I am assuming the plan is clear where that is. If she wanted to deny you the legal access, or change it, then she would need to apply to vary your deeds and her deeds to do so. Which can cost a lot of money and take a lot of time. And you don't have to agree to it. Even if you did, she may have to pay compensation to you for it.

It is in the deeds, you can carry in as they say. If pressed, you can show her what is in your deeds.

It is not unusual to have this sort of right of access, I don't think anything has been missed by the conveyancer or vendor, the right if access is there and the only thing that has changed is your neighbour has decided to chance her luck and bully you out of enjoying the right of access.

I'd send the neighbour, Recorded Delivery, a copy of the relevant parts of your deeds.

Just send a letter showing the grant as you have here and say "if you wish to restrict my right of way, or attempt to restrict my right of way over your land in any way whatsoever I will take legal action in the court to obtain an injunction preventing you from doing so. Costs will ultimately be your responsibility to bear as I am clearly the wronged party and costs will be pursued vigorously. These may be in excess of £5000'.

Have you checked her deeds to see that it matches what is said on yours? Did the previous owner mention if they had had any issues?

The RICS have a boundary dispute hotline, they’ll give you half an hour free advice. It appears you do have the right, twenty years of continuous use also gives you a permissive easement irregardless.

This sounds like good advice.

Sorry this has nothing to do with the thread but does 'irregardless' mean the same as 'regardless'? Like 'flammable' and 'inflammable'? Genuine question as I've not heard irregardless before. Yes I am not very educated! Thank you. 😀

@BillieWiper it might be an Americanism! I grew up between Britain and America so some language I’ve picked up might not be standard use here.

Thank you. It sounds quite cool. I use 'regardless' a lot and I was interested to hear another way of saying it. X

Irregardless is just a less common way of saying regardless , it’s used but not ‘proper’ English.

It’s from the Simpsons isn’t it? Like “embiggen”.

@Tigerbalmsharkjust looked it up. Dates to the late 18th century apparently https://www.merriam-webster.com/dictionary/irregardless

Another reason why I’ll never buy any property with any easements, rights of way or anything else that might infringe on my enjoyment of the house.