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Four in a block, access rights advice needed please

30
Found 20th Jul 2013
I live in the upper flat of a four in a block building and would like advice on neighbour access rights. I can't find my title deeds to my home, so the problem is

Recently my neighbours relatives have been using my path to enter and exit their (relatives) home, they open my front gate walk up my path to enter neighbours home even though my neighbour has a front door access (staight from their gate right to their front door). I know my path can be used for access for tradesmen and emptying bins I don't have a problem with that but my question is, can any tom, dick, or harry walk up my path? I would appreciate any advice as I don't want to embarrass myself before I know my legal rights as far as my property is concerned.
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30 Comments
where is their gate?
Thanks ewwaxo but they dont have a gate as such its a driveway with no gate, leading to their front door
InWengerWeTrust1886

Have you tried to find details of your property on the Land Registry … Have you tried to find details of your property on the Land Registry website?http://www.landregistry.gov.uk/It'll cost you circa £3 (I think) to access details about your property and all of the information relating to access rights, covenants, etc.Hope this helps!



I did look on the land registry website but couldn't find how to access the details for my property
Its just so frustrating when I am sitting in my back garden and these people are using my path to exit my neighbours property when they can easily exit through neighbours front door. My neighbours are no problem it just seems to be the relatives that think they can use my path to exit property.
cath1510

Thanks ewwaxo but they dont have a gate as such its a driveway with no … Thanks ewwaxo but they dont have a gate as such its a driveway with no gate, leading to their front door



its a common path then.
cath1510

Its just so frustrating when I am sitting in my back garden and these … Its just so frustrating when I am sitting in my back garden and these people are using my path to exit my neighbours property when they can easily exit through neighbours front door. My neighbours are no problem it just seems to be the relatives that think they can use my path to exit property.



and they think it's a common path, as this is often the configuration for 4 in a block cottage flats.

ewwaxo

its a common path then.



It is (was) a common path but only up to a certain point
and thats where the problem lies I think, you see the neighbours before them built a wall right up to the start of the building therefore taking away access to their front door from halfway up my path which allowed them to enter their path leading to their front door but built a driveway leading straight from the kerb you could say right to their front door
No win no fee firm might take it up, boundaries/access rights are always contentious
ewwaxo

and they think it's a common path, as this is often the configuration for … and they think it's a common path, as this is often the configuration for 4 in a block cottage flats.



I think so, but I am lead to believe that they can only use my path up to the point of where the building actually starts and then along their path which no longer exists, as it a brick wall
davewave

No win no fee firm might take it up, boundaries/access rights are always … No win no fee firm might take it up, boundaries/access rights are always contentious



Not if the people using the path are simply visiting other residents and even more so as OP doesn't seem to have raised the issue with her neighbours.
cath1510

It is (was) a common path but only up to a certain pointand thats where … It is (was) a common path but only up to a certain pointand thats where the problem lies I think, you see the neighbours before them built a wall right up to the start of the building therefore taking away access to their front door from halfway up my path which allowed them to enter their path leading to their front door but built a driveway leading straight from the kerb you could say right to their front door



in that case it still is a common path. you're just not used to it being used that way because of the wall.

So am I right in that they cannot use my path, walking past my door to gain access to the property below when they have a path of their own leading to their front door?
cath1510

So am I right in that they cannot use my path, walking past my door to … So am I right in that they cannot use my path, walking past my door to gain access to the property below when they have a path of their own leading to their front door?



not sure.

but is it really worth raising as an issue?

do they dirty your side of the path? with fag butts and muck?

ewwaxo

in that case it still is a common path. you're just not used to it being … in that case it still is a common path. you're just not used to it being used that way because of the wall.



Yes it is still a common path but only to a certain point I'm lead to believe. What if I'm sitting at my front door on a nice day with friends and then all these people start walking past, am I supposed to just let that happen?
ewwaxo

not sure. but is it really worth raising as an issue?do they dirty your … not sure. but is it really worth raising as an issue?do they dirty your side of the path? with fag butts and muck?



No they don't do that (thank goodness) its just that they don't even acknowledge me when they use my path and I'm sitting there, they just walk by as if its a public pathhway
ceres

You need to establish if there is a ROW over your property and, if so, … You need to establish if there is a ROW over your property and, if so, what it permits. As IWWT says, if you can't locate your deeds, purchase a copy from the LR. It would be useful to purchase a copy of your neighbour's too. If your neighbours have direct access to their own front door, I don't really understand why they would use your property to empty bins or have deliveries?



Thanks for that info, my neighbours do have direct access to their property but its not them thats using my path its their relatives
InWengerWeTrust1886

Not if the people using the path are simply visiting other residents and … Not if the people using the path are simply visiting other residents and even more so as OP doesn't seem to have raised the issue with her neighbours.



The people are visitors (relatives) but don't want to take it up with neighbour just yet until I know my rights as to access
cath1510

Thanks for that info, my neighbours do have direct access to their … Thanks for that info, my neighbours do have direct access to their property but its not them thats using my path its their relatives



I don't know how many more ways I can find to say this. Until you see the deeds, you don't know what is allowed. ROW clauses can be unrestricted e.g. - to pass and re-pass, at all times, on foot, by vehicle, for any purpose. That means that anyone who has a legitimate reason to visit the neighbour can use the path - the neighbour themself, the binman, the postman, deliveries, relatives, whoever. Or the clause can be restricted e.g. only to remove waste or whatever. Until you establish what right is granted, you're just speculating.
ceres

Thanks for that info, my neighbours do have direct access to their … Thanks for that info, my neighbours do have direct access to their property but its not them thats using my path its their relatives



I don't know how many more ways I can find to say this. Until you see the deeds, you don't know what is allowed. ROW clauses can be unrestricted e.g. - to pass and re-pass, at all times, on foot, by vehicle, for any purpose. That means that anyone who has a legitimate reason to visit the neighbour can use the path - the neighbour themself, the binman, the postman, deliveries, relatives, whoever. Or the clause can be restricted e.g. only to remove waste or whatever. Until you establish what right is granted, you're just speculating.[/quot

I'm not speculating, i just can't imagine if I'm sitting in my side garden with friends having lunch or dinner and all these people walk up my path to gain entry to my neighbours house when the neighbor has direct access to her front door that they can be allowed to do this

Forgot to mention that I own my home

cath1510

I don't know how many more ways I can find to say this. Until you see … I don't know how many more ways I can find to say this. Until you see the deeds, you don't know what is allowed. ROW clauses can be unrestricted e.g. - to pass and re-pass, at all times, on foot, by vehicle, for any purpose. That means that anyone who has a legitimate reason to visit the neighbour can use the path - the neighbour themself, the binman, the postman, deliveries, relatives, whoever. Or the clause can be restricted e.g. only to remove waste or whatever. Until you establish what right is granted, you're just speculating.[/quotI'm not speculating, i just can't imagine if I'm sitting in my side garden with friends having lunch or dinner and all these people walk up my path to gain entry to my neighbours house when the neighbor has direct access to her front door that they can be allowed to do this



Forgot to mention that I own my home
That doesn't change anything.
cath1510

I'm not speculating, i just can't imagine if I'm sitting in my side … I'm not speculating, i just can't imagine if I'm sitting in my side garden with friends having lunch or dinner and all these people walk up my path to gain entry to my neighbours house when the neighbor has direct access to her front door that they can be allowed to do this



You're speculating as to whether you can legally do anything to stop the access. The deeds will describe what, if anything, is granted and if there is a ROW, it will be shaded on the title plan. Your situation is no different to tens of thousands of terraced properties up and down the country - they have a front door and there is a path along the back, usually adjacent to the building. With an unrestricted ROW, people come and go while the neighbours are in their garden. If you want to ensure complete privacy, the answer is not to buy a property burdened with a ROW.
Dress up as a clown, change your garden chair to a rocking chair and rock away with a replica shotgun on your lap.

Or buy a Press Canario.
I think this is a wind up thread and the op is leading us up the garden path
Why don't you just be neighbourly and talk to your neighbour and ask him whether he would mind telling his relatives / friends to not use your path area since it unsettles you / whatever your reason is

Before you go down the whole 'legally speaking....' route.
Firefly1

Why don't you just be neighbourly and talk to your neighbour and ask him … Why don't you just be neighbourly and talk to your neighbour and ask him whether he would mind telling his relatives / friends to not use your path area since it unsettles you / whatever your reason is :)Before you go down the whole 'legally speaking....' route.



It's not neighbourly to ask them to stop doing something they have every right to do. The safest way to approach it is to establish what, if any, rights they do have.
davewave

No win no fee firm might take it up, boundaries/access rights are always … No win no fee firm might take it up, boundaries/access rights are always contentious



Surely a polite conversation would be the first port of call.... Some people oO
ceres

It's not neighbourly to ask them to stop doing something they have every … It's not neighbourly to ask them to stop doing something they have every right to do. The safest way to approach it is to establish what, if any, rights they do have.



Really? My neighbourhood is totally different then. If there are any problems, or we are unhappy about anything, we just bring it up & they are more than accomodating providing there's a fair explaination given ! That is very neighbourly since friends help each other out rather than saying "law X dictates that...."

I guess it depends how much effort you put into being friendly / making friends with the neighbours & what kind of people they are


Edited by: "Firefly1" 21st Jul 2013
I didn't suggest that the OP says "law X dictates that....". All I've suggested is that the OP understands her position before taking any action. As soon as the OP mentions the situation to the neighour, it has the potential to become a dispute that has to be declared if the property is ever placed on the market. That can affect the saleability and / or the price.
Trying to sell lower 4 in a block flat, upstairs neighbours car is parked inches front front door which my entrance is at side. Can't get bins or pram out to path. Neighbour says it's his drive and he can park there. No deeds to look at .
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