Access in Deeds of property

Access in Deeds of property

Postby samantha » Wed Jul 10, 2013 5:21 pm

Hello

Does anyone know the law on access. ie..number of years of no access to lapse right of access even if on the deeds of the property? Also if it is absoloute that no access was made to invalidate the right or if there is proof of a one off access (to fit windows for example) but not regular use for many years that then still grants access?

Thanks
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Re: Access in Deeds of property

Postby Conveyancer » Wed Jul 10, 2013 5:28 pm

Do you mean access in the sense of access for a specific purpose such as repairing a building, or access in the sense of a right of way?
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Re: Access in Deeds of property

Postby samantha » Wed Jul 10, 2013 5:47 pm

Access as a right of way...I think! We had an alley way around our terrace houses with a boundary fence around the gardens. The alley way was so bad the council would not collect the bins from it and we had vandalism from the road access behind plus disruptive children running around who did not live here. All the neighbours took down the garden fence boundary and incorporated the alley way and re-instated the falling down back fence. We put our bins in the front no problem. I am the end house and just want to know what the legal situation is if a neighbour changes next door and insists on coming through my garden.
There is a locked gate and a water butt and shed over the previous access way.

Thanks
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Re: Access in Deeds of property

Postby despair » Wed Jul 10, 2013 6:04 pm

Simple none of you had any right whatever to block what is a ROW

Hence if a house changes hands the new owner has a perfect right to insist on their ROW through all the gardens

The whole thing should have been done correctly and all deeds altered legally
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Re: Access in Deeds of property

Postby gardenlaw » Thu Jul 11, 2013 10:56 am

This thread would be of interest to you:

viewtopic.php?f=8&t=18358&p=160293#p160387
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Re: Access in Deeds of property

Postby samantha » Fri Jul 12, 2013 8:08 pm

Thanks everyone for advice especially the garden law link to land registry.
Samantha
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