Shared access nightmare

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derbyreject
Posts: 58
Joined: Sat Feb 20, 2010 8:56 pm

Shared access nightmare

Post by derbyreject » Wed Jul 17, 2019 1:51 pm

Hi all.

I have been in dispute with neighbours about all manner of things for as long as I can remember. I've had a lot of advice over the years so am quite clued-up, but not sure how to deal with this one...

I have a low fence with a hand gate, which I use to access my garden which is detached from my house. To reach the garden, I have pedestrian access across my next door neighbour's garden. They can also use the hand gate to cross our yard to reach the road (see pic 1).

Recently, they have built a 2 metre high fence, just the other side of our fence (See pic 2). They've blocked my gate completely, and have installed a gate wide enough to get a car through, as they believe they have vehicle access (something they have never proven, and our deeds are ambiguous). They already have a perfectly good vehicle access.

They obviously expected me to take down my fence, so instead I cut a new hand gate, same size as the old one in the middle of their new access.

I've tried loads of channels to sort it out, but I know it'll cost me a fortune in the long-run if I head to the solicitors again.

So, what I'm wondering is this:
As they've blocked the access point, have they relinquished their right to access? I realise my access has also moved, but I had no choice in the matter. The deeds don't specify a position for the gate, but it went up well over 20 years ago which I can prove.

Any advice, greatly appreciated!
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mr sheen
Posts: 2444
Joined: Fri Feb 27, 2009 2:33 pm

Re: Shared access nightmare

Post by mr sheen » Wed Jul 17, 2019 2:38 pm

More information is needed. Are you suggesting the neighbour intends to drive across your yard? Can you post the deeds anonymously with identifying details removed?

In answer to your specific question if the neighbour has access across your garden to the road then that can only be extinguished via a written agreement signed by both parties. Unless such an agreement has been entered into legally then any existing rights still exist.

derbyreject
Posts: 58
Joined: Sat Feb 20, 2010 8:56 pm

Re: Shared access nightmare

Post by derbyreject » Wed Jul 17, 2019 3:39 pm

Ah, that's a shame. I do believe the neighbour intends to cross our drive in a car, for no reason other than to inconvenience us, force us to park one of our cars elsewhere, and to devalue our house. That's the kind of people they are, they even spent time inside for it! The deeds, written in the 50s state that the access is 'as currently enjoyed', but don't give any further detail.

arborlad
Posts: 8308
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Shared access nightmare

Post by arborlad » Wed Jul 17, 2019 4:04 pm

derbyreject wrote:
Wed Jul 17, 2019 1:51 pm
Hi all.

I have been in dispute with neighbours about all manner of things for as long as I can remember.



You have a multitude of threads, many about this problem, usually best to stick to one thread for the best advice.
arborlad

smile...it confuses people

mr sheen
Posts: 2444
Joined: Fri Feb 27, 2009 2:33 pm

Re: Shared access nightmare

Post by mr sheen » Wed Jul 17, 2019 7:32 pm

Thanks for raising awareness of this Arborlad.

Just reviewed some and I, and other regular contributors, have in fact given info to OP previously.

Terraced properties come with many historical rights as a consequence of historical community-style living and interdependence. Any rights that existed in the past will most likely have existed long enough for permanent prescriptive rights to have been established.

If vehicular rights existed at the time of the deed then he can legally pass and repass to the road over your land, not to inconvenience you but as of right. Also he is not going to devalue your property because the value can only be determined subject to the responsibilities of easements and rights that existed at the time. The rights and easements will always exist and determine the value of the properties with these rights and responsibilities in relation to neighbouring properties.


Anyone who has difficulties accepting and living with shared rights over land should avoid older terraced properties.

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