Restrictive Covenants - Neighbour Access

Restrictive Covenants - Neighbour Access

Postby DIYBath » Fri Nov 03, 2017 1:37 pm

We have a difficult neighbour and I need to understand my rights and options RE a gate that facilitates his behaviour. Unfortunately, we are not talking on the advice of the police and I have to make a decision on the following.

My neighbour has back access onto the road via a gate that doesn’t seem to have planning consent and seems to be in breach a clause in our “Official copy of register of title”. I believe the gate has been in place for over 10 years. The neighbour's property is in a different estate to ours yet his gate gives him access to the road on our estate.

The clause in our “Official copy of register of title” is as follows:

RIGHTS GRANTED TO THE PURCHASER

A right of way in common with the Vendor and its successors in title and all other persons authorised by it or entitled thereto and the persons for the time being owner owners or occupiers of the adjoining or neighbouring property at all times and for all purposes in connection with the use and enjoyment of the said land hereby conveyed for the Purchaser and his successors in title assigns lessees tenants and other persons authorised by him with or without motor vehicles over and along the roads on the Vendor’s OURESTATENAME Estate until the same shall be taken over and adopted by the Local Authority as a public highway and over the footpaths on the said land on foot only


This seems to indicate that my neighbour shouldn’t have access to the road on our estate. I remember our solicitor saying something about this when we purchased the property.

Given the above if I complain what are the chances that the neighbour will be forced to replace his gate with a fence? I don’t want to proceed unless I am fairly certain that action will be taken otherwise I run the risk of inflaming the situation without controlling the behaviour.
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Re: Restrictive Covenants - Neighbour Access

Postby MacadamB53 » Fri Nov 03, 2017 1:46 pm

DIYBath wrote:We have a difficult neighbour and I need to understand my rights and options RE a gate that facilitates his behaviour. Unfortunately, we are not talking on the advice of the police and I have to make a decision on the following.

My neighbour has back access onto the road via a gate that doesn’t seem to have planning consent and seems to be in breach a clause in our “Official copy of register of title”. I believe the gate has been in place for over 10 years. The neighbour's property is in a different estate to ours yet his gate gives him access to the road on our estate.

The clause in our “Official copy of register of title” is as follows:

RIGHTS GRANTED TO THE PURCHASER

A right of way in common with the Vendor and its successors in title and all other persons authorised by it or entitled thereto and the persons for the time being owner owners or occupiers of the adjoining or neighbouring property at all times and for all purposes in connection with the use and enjoyment of the said land hereby conveyed for the Purchaser and his successors in title assigns lessees tenants and other persons authorised by him with or without motor vehicles over and along the roads on the Vendor’s OURESTATENAME Estate until the same shall be taken over and adopted by the Local Authority as a public highway and over the footpaths on the said land on foot only


This seems to indicate that my neighbour shouldn’t have access to the road on our estate. I remember our solicitor saying something about this when we purchased the property.

Given the above if I complain what are the chances that the neighbour will be forced to replace his gate with a fence? I don’t want to proceed unless I am fairly certain that action will be taken otherwise I run the risk of inflaming the situation without controlling the behaviour.
zero
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Re: Restrictive Covenants - Neighbour Access

Postby mr sheen » Fri Nov 03, 2017 8:53 pm

Your chance of getting someone to do something on land you do not own with a fence and gate you do not own....NIL
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Re: Restrictive Covenants - Neighbour Access

Postby ukmicky » Sat Nov 04, 2017 2:10 am

There is no clause in your title register that prevents your neighbour accessing tis land. What is on your register of title only affects your property not his .

If your road has been adopted and is now highway any easement rights are now no longer relevant.

No one can force him to remove his gate in his fence and he could totally remove his fence if he wanted.

As the gate has been there 10 years and he has been using it for 10 years even the planning department cant do anything about it now.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Restrictive Covenants - Neighbour Access

Postby DIYBath » Sat Nov 04, 2017 6:43 pm

That's a shame, but thanks for the great info.
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