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Hi we live in a terrace house and on the land registry document we have a right to cross the neigbors garden which they acknowledge but they refuse to give us a key to open their gate which is on our right of way they say that i should let them know if i need it opening and they will unlock it for me! they also say it will be unlocked during the day! but not at night
They are not stopping me using the access but are resticting me as to when they will open the gate so in my opinion they are restricting or impeding my access as it will always be locked at night and i cant use it as i have no key!!
ive tried to reason with them but they are not budging it seems my only chance is legal action!
what would be my chances of winning and having free right of access without prior consent from my neigbors all opinions are appreciated
Thanks
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For more on marking an answer as the "Best Answer", please visit our FAQ.Your land has what is legally called an easement across your neighbours land - it is a private right of way, which is different from a public right of way (through which anybody can go). Such arrangements are acquired either over many years of use or by an agreement being set up when the land was transferred in the past. Your neighbour has no right to block your access at times of their choosing and you will lose this right if the end if you just accept the current situation.
The most practical solution is that they provide you with a key. You could explain to them that you can understand the security situation, and you could point out that you are as equally concerned about security as they are. Be polite but firm. Ask what reason they have for denying you access, explaining clearly what you consider your land to be. That is the best way because it is the cheapest. The next most expensive solution would be a solicitors letter. You could write a letter yourself setting out your rights just the same as a solicitor could, but many people baulk at doing this and a letter coming from a solicitor puts the frighteners on some people. From what you have said, this is an open-and-shut case. The next most expensive is legal action, which is really a last resort because of the cost versus the gain. You would have to balance the value of the gain (the inconvenience of the detour). HTH
Thanks for the replys so far i have tried explaining that they are restricting my access that all i want is them to give me a key im quite happy for them to lock it no probs it is just that i dont want to be controlled by them.
it was left at that they will leave it unlocked in the day and lock it at night but they havent said a time at night and that if i need to use the access i should pop a note through their door or let them know which i know i should not have to do!
this is also going to pose a problem when selling the house as i would not have brought this house if i knew the neigbor was like this. The previous guy didnt use his garden as it is not well maintained but he kept is right of access up by putting his wheelie bin out once a week
i know these people wont budge so im wondering what my percentage chance of winning through the courts is as it is written into my title pass and repass with or without hand carts etc.
Thanks
The only access i have to my garden is through my front door or across next doors garden the land registry title states i have right of passage to pass and repass across the four foot way with or without hand carts dated around 1960 but as i have said they wish to control our access to suit them they also obstruct this access with their wheelie bin which would not of bothered me but as they are being awkward it now does. we have approached them twice and they will not give us a key at all !
this is why i think i need to take legal action i dont want to due to cost and that i know these things can drag on and on. We never started being awkward they did by restricting my access and not giving me a key telling me to tell them when i need access so they can unlock it for me if it suits them!!!