26 Feb 2015

A question about : Neighbour has shed on corner of access path

In order to gain access to my garden I have to walk down the side and along the bottom of my neighbours garden to a gate at the bottom of the fence.
Since I moved in the neighbour has had their shed at the bottom, on the right angle corner of the path. This means that I can walk down the path, but then I have to cross a few steps onto their lawn, bedding plant area etc in order to then access the path that runs along the bottom.
I'm not that concerned as long as I can alway gain access should I need it. As far as I'm concerned I'd rather stay on the path, but if they block it then I have no choice but to step on their lawn - and if they don't like that then surely they should move the shed.
I recently needed access and asked them to ensure that the path was cleared of some of their 'stuff' so that I could walk down it and then step over the lawn. However, for whatever reason they didn't do this and I'm frankly peeved. I've not seen them since and they've been away for a holiday.

Do I have the right to step on their land if they block the path?

Can I insist they keep their stuff (other than the shed) off the path so that I don't have to inform then whenever I need to use it?

If they ignore me, would I have a chance in court to insist that not only should they remove any stuff like ladders etc off the path, but would I also be able to get the shed removed?

Is it worth the cost of a court case, would I be likely to win, and could I claim my costs?

I own my freehold but I don't know about them, but I can't see how that's relevant anyway, surely an access path is an access path irrespective of whether you own the freehold or have a leasehold.

I rang Gala Unity ages ago (I used to pay them a yearly fee for the leasehold cost) but they didn't want to know - presumabely due to any costs that would be incurred.

Best answers:

  • What do your deeds say regarding the access to your garden?
  • Usually you would have been advised about your access rights by your solicitor when you purchased the property.
    Maybe the occupier of the house with the shed is not clear on those rights, especially if they do not own that house.
    If you have an access pathway, then that may not be blocked by someone else putting a shed on it.
    I would suggest you first double check you do have rightful access to this pathway, and if so, have a chat with the neighbour and ask them to move their shed so that the access is maintained.
  • Seems clear enough to me. The path is access for terraced houses, often it's fenced off from the gardens but not always. It should be kept clear of sheds and ladders. Best to stay friendly with neighbours though. Talk to them!
  • If I do have a right of access (and I believe I do) what do you reckon the chances are of getting the shed moved. Or rather, would I be able to get this done, and do I have a legal right if the shed has been there for a few years - even though it definately is a right of access. Would the fact the shed has been there for a while gie them any rights?
  • The Land Registry might be able to help with ownership, but I would imagine that there would be a charge for this.
    I must admit I'm having trouble imagining the layout from your description.
  • https://www.boundary-problems.co.uk/b...riv-r-o-w.html
  • Does the other neighbour that uses the access path to their garden have the same problems? it would give weight to your argument if they also complained about the path being blocked by the shed..
  • It never ceases to amaze me what some people will do to be problematic. I would be fuming if someone plonked a shed right on the path I would need to use for access rights
    What would happen if you needed to take a wheely bin out or other large object.
    If they do not respond to your letter request I would ask a solicitor to write a stiff letter outlining your right to walk unimpeded to your home.
    What a bl**dy cheek
  • I would spend the Ј4 on buying the Land Registry entry for your property (if you do not have it already) and also for 133 (which you are allowed to do). Just go to their website and download the pdf.
    The situation is similar to a friend of mine on a Wimpy estate. But in his case it shows a fence around his rear garden and his neighbour (an end of terrace like 133) has a similar fence. The only gate is to the equivalent of 131.The LR entry refers to the rear access and attributes the ownership of fences by means of arrows.
    What seems strange in your case is that there is no fence along the boundary of 133. I agree with you that 133 has either removed the fence/not replaced it or never installed it. What I find "suspicious" is the gate level with your side fence which I cannot imagine the orgininal builder installing. Either way 133 seems to be trying to add the path to his land.
    If this is not the norm in other houses in the road, I would challenge it. If 133 has annexed the path to enlarge their garden then it does not matter who has or has not purchased the freehold. What matters is who owns the estate apart form the house plots. If this is collectively owned or owned by the builder, the managing agent they should be interested in the problem. Either way if your property has a defined right to use that land (the path) then they have to move the shed off the access route whether there is a fence or not. In fact they would have to move anything off the path.
    Does your house insurance have legal expenses cover (which usually includes boundary issues)? If so I would ring them. If not you need to assert your rights to use the yellow brick path.
  • You are likely in a very strong position.
    To do a bit more research, visit gardenlaw forums, rights of way and boundary sections.
    Your map looks like it comes from the deeds but check with the land registry to be sure. You can download the title plan and deeds at the land registry for four quid each. You may need yours + neighbours, so 16 quid in all, plus freehold title and maps for the path (if separate) or houses (if relevant)
    The neighbour might own the land you have a right of way over, but they probably don't looking at your map. They might be trying to claim it via adverse possession, but that doesn't affect your right of way.
    Almost certainly you would be able to force movement of the shed if you were to use the legal route. Much better to negotiate verbally first and avoid a formal dispute.
    If you can figure out who owns the path then you may wish to let them know your neighbours are trying to enclose it if they are difficult.
  • https://www.nfh.org.uk/forums/forumdi...-Rights-Of-Way
    This might be of some help there are a lot of boundary issues discussed on this.
  • i would check with builders or management company to see if these lanes are actualy fire escape lanes for you and adjoining properties, if like me theres only rows of so many houses in your culdesac/close the lanes exnteds behind two properties and ends with a gate to third property and the end property furthest away from you has his own garden with his own gate, their fire escape lanes and should not be blocked off due to health and safety regs, this would have been imposed by the planning commitee when looking through the development plans for the site upon deciding planning permission especially if the gardens are not so big and have no means of escaping the rear garden in an event of fire and rear exit is needed.
  • I'm so confused and hacked off. I must've done something awful in a previous life, and maybe this one two - because the neighbour on the other side of me has a boyfriend who continually parks outside my driveway (I don't have a car) which is infuriating as he not only parks across the driveway, but he also parks on the pavement making it difficult for me to gain access sometimes. Worse still, he parks over my driveway so as not to inconvenience the girlfriend getting out of her drive. Then they go out in her car so even if I get a visitor I can't ask him to move his car. He also moves my bin when I put it out for the binmen so he can park there! EVEN MORE annoying is that there is a parking bay for 3 cars across the road!
    I know, you'll all be saying "well tell him" - but to be honest I'm so stressed about everything I honestly think that if I confront him I'd end up on the national news for crushing one neighbours car whilst setting fire to the other neighbours shed!
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