Right of Way

[toppergas]

A property we own in Wales has a gateway leading out the back yard into the neighbours property. The deeds state that there is a right of way out of the back of this gate and through their garden and out of the back of theirs for coal and rubbish. We discovered that the neighbours had blocked this up. 

Does anyone have any advice on how to go about this? Do we need to employ a professional to take up this or can we do it ourselves.

 

Note: neighbours acting like it has been there forever.

 

[jack]

7 minutes ago, toppergas said:

Note: neighbours acting like it has been there forever.

 

Can't help you with specifics, but if it's on the deed, then clearly it hasn't been there forever! What did they say when you showed them the deed?

[toppergas]

We haven't taken round the deeds as our solicitor has them, but has confirmed we have right of way.

[AliMcLeod]

Have you spoken to them, told them you have the right of way and ask them to reinstate the access? That would be my first action, verbally and then in writing if they did not comply.

[scottishjohn]

sounds like foot traffic only --not vehicular ? --maybe check what you are allowed to access with 

[toppergas]

2 minutes ago, scottishjohn said:

sounds like foot traffic only --not vehicular ? --maybe check what you are allowed to access with 

 

Yes just foot traffic, such as bringing in coal or taking out rubbish

[scottishjohn]

4 minutes ago, toppergas said:

 

Yes just foot traffic, such as bringing in coal or taking out rubbish

bummer -

you need to see it drawn on the deeds -normally shared access will be a hatched area on the deed  plan 

and if you are in scotland it could be more complicated if that right of way has not been used in 20 years --I think --

your legal man will know if there is a time limitation if you don,t use it or if they fence it and no one complains 

sounds like RPITA

Edited February 15, 2019 by scottishjohn

[nod]

We almost purchased a cotage with a simalar access 

Tge solicitor told us it was written in stone 

Access for coal etc and bins

As John has already pointed out 

Foot traffick 

Whilst there was an old couple there that used the accessonce per week

Our solicitor pointed Should the neighbour require daily access It would be unreasonable to obstruct the gate in any way 

Its not ideal but you may have to have a solicitor draft a letter  

[joe90]

Simply tell them your solicitor has confirmed you have a legal right of way that’s stated in the deeds, if they contest it you will employ said solicitor and be claiming costs from them, worth the bluff about costs ?

[toppergas]

3 minutes ago, nod said:

We almost purchased a cotage with a simalar access 

Tge solicitor told us it was written in stone 

Access for coal etc and bins

As John has already pointed out 

Foot traffick 

Whilst there was an old couple there that used the accessonce per week

Our solicitor pointed Should the neighbour require daily access It would be unreasonable to obstruct the gate in any way 

Its not ideal but you may have to have a solicitor draft a letter  

 

Thanks for the help.

Once they have have received the letter, would we leave it to the solicitor?

[scottishjohn]

1 minute ago, toppergas said:

 

Thanks for the help.

Once they have have received the letter, would we leave it to the solicitor?

are you at war with them?

if not speak nicely and suggest a nice talk over a bottle of something 

for sure it will cost you if legal letters start flying + there will be some sort of war then if not now 

remember the first thing they teach solicitors is --send a letter -you can charge for that

they all play that game and never include everything in one lettter ,so they can write another one .LOL

10 letters +£500 later -you still might not have a solution 

talk it out with the neighbours  first if they will 

easy to go to war  hard to stop it 

 

[Triassic]

These things are a real pain in the bum!

 

We have a rental,property and the deeds say we have a right of way for taking coal in and rubbish out. The neighbour is there in your face if you dare to take a bike or a box or building materials via that route. He’s adimant they’re not covered by the right of way and won’t let us pass.

[AliMcLeod]

1 minute ago, Triassic said:

The neighbour is there in your face if you dare to take a bike or a box or building materials via that route. He’s adimant they’re not covered by the right of way and won’t let us pass.

 

I'd be tempted to always have a piece of coal in a pocket and simply take it out, show him, and carry on with your business. 

Edited February 15, 2019 by AliMcLeod

[scottishjohn]

1 minute ago, Triassic said:

These things are a real pain in the bum!

 

We have a rental,property and the deeds say we have a right of way for taking coal in and rubbish out. The neighbour is there in your face if you dare to take a bike or a box or building materials via that route. He’s adimant they’re not covered by the right of way and won’t let us pass.

and that is why I am buying 2 plots --so i can decide on neighbours and make the rules

[newhome]

 

7 minutes ago, scottishjohn said:

talk it out with the neighbours first if they will 

 

+1 - better to try to sort it out amicably if you can. Go round and have a chat explaining that you've checked with your solicitor and they have confirmed that it's on the deeds and you need access to do xxx. If they still won't budge write them a letter confirming this and saying that you've CCed your solicitor into the correspondence. It can get expensive if there ends up being a big dispute, not to mention a bad atmosphere amongst neighbours and you would need to declare this if you ever sold. 

[newhome]

2 minutes ago, AliMcLeod said:

I'd be tempted to always have a piece of coal in a pocket and simply take it out, show him, and carry on with your business. 

 

Ha, good plan! And a bag of rubbish balanced on the bike as that's the way you are transporting it . 

 

[Jeremy Harris]

1 minute ago, Triassic said:

These things are a real pain in the bum!

 

We have a rental,property and the deeds say we have a right of way for taking coal in and rubbish out. The neighbour is there in your face if you dare to take a bike or a box or building materials via that route. He’s adimant they’re not covered by the right of way and won’t let us pass.

 

They are indeed a PITA.  A friend of ours lives in a mid-terrace house with a path running along the back of the houses to an exit on to the road, and they similarly have a right to take coal and rubbish along that path.  One of their neighbours tried to stop wheelie bins being taken along the path behind his house, on the basis that he believed that "rubbish" meant hand-carried rubbish, not a noisy wheeled bin.  It took months to resolve via solicitors, and ended up being very nasty for all concerned.  Best if it can be resolved amicably, without getting too formal, in my view, as once solicitors get involved it can easily sour relationships for years.

[scottishjohn]

3 minutes ago, newhome said:

 

 

+1 - better to try to sort it out amicably if you can. Go round and have a chat explaining that you've checked with your solicitor and they have confirmed that it's on the deeds and you need access to do xxx. If they still won't budge write them a letter confirming this and saying that you've CCed your solicitor into the correspondence. It can get expensive if there ends up being a big dispute, not to mention a bad atmosphere amongst neighbours and you would need to declare this if you ever sold. 

and always remember--if its not in writing it didn,t happen if it goes to court-so tell them you will follow your conversation up with a nice letter .tell them just as you leave --not before hand

Edited February 15, 2019 by scottishjohn

[Simplysimon]

5 hours ago, toppergas said:

A property we own in Wales has a gateway leading out the back yard into the neighbours property. The deeds state that there is a right of way out of the back of this gate and through their garden and out of the back of theirs for coal and rubbish. We discovered that the neighbours had blocked this up. 

Does anyone have any advice on how to go about this? Do we need to employ a professional to take up this or can we do it ourselves.

 

Note: neighbours acting like it has been there forever.

 

do you need the access? if not then forget about it and live without the hassle

[Tony C]

You can seek some advise on this gardenlaw forum :

https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=8&sid=7dae257514e863b42909b2a6bcf2adad

 

Right of way which is established on the deeds won't to be extinguished even if it is not used for long time.

So your neighbor will be obligated to re-open the right of way access.

But as other people will point out, how to negotiate with your neighbor is the another question!