Looking for some advice if anyone can help or point in the right direction.
Back in 2016 the Wife and I purchased our first property a end of terrace house and something which being naive first time buyers we did not pick up on was access to the garden. As a end of terrace there is a small alley running along our house with a gate that was padlocked that runs into our neighbours garden. When we moved in the neighbours a old couple introduced themselves and said that if we needed access to let them know and they would be happy for us to lift a fence panel up and use access which we have taken them up on for install of a shed and laying of a new patio.
Since then you can see that at some point maybe they have maybe taken the alley as an extra to there garden and installed the gate and fence and blocking what would be our access. As they was an old couple and quite unwell we never pushed it with them or quired it. They have now both unfortunately passed away and the house is up for sale by the children.
I was just wondering where do we stand. Can we now look and dispute the access and look to get joint access? There used to be a path half way up our garden from where the alley would be almost like there was once joint access through the alley.
Although we have done the major works in the garden and access may not be needed you never know and also would like to know with regards to how it may impact selling the property?
any lifers helps or thoughts would be much appreciated.
0
Comments
I was tempted to leave it and assume the old guy would never dabble with his rights and all would be well however the first thing the solicitor said was he will eventually die and pass those rights on.
My problem was all sorted within the fee for purchasing the property so I am guessing you will need to get a couple of quotes for the advice.
Good luck
Got the same with my garden the fella next door was selling his house and luckily enough I was in.
He was going to put a fence up to the back wall and I told him there's an alleyway at the back.
Me and the wife were not really bothered just couldn't be bothered with any hassle when it come to selling ours or the new neighbours thinking thier garden goes right to the back.
Also not sure your probably find out later if there is any timescale on this.
Like 10 years and you lose the right to the access
1. Get in touch with either the sellers (if you know them) or the agent that is selling the property and tell them that you want to make a claim for access on that bit of the alley. If you do that, you will know that, whoever buys the property is aware of there being a "dispute" and will either want to get it sorted before they buy (i.e. make the sellers sort something out) or make you an offer before they complete. In short, you will be making it clear what you want, so that goes on the record of the sale.
2. (This is the "must"). Talk to a solicitor. It doesn't have to cost a lot of money. (And, in fact, you might be able to get some advice free of charge). But it could well save you lots of money and/or trouble further down the line. I would guess that it's probably not a big deal and there could be a simple solution to be found.
Good luck!
My first port of call would be to call them.
However 20 plus years ago if land was adopted and unchallenged for 12 years or more then the new situation was deemed to prevail.
Things may have changed with new legislation in the intervening period but if it's less than 12 years since you bought the place I'd say, I emphasise once more as a layman, that you have a good chance of formally confirming your right to access.
EDIT: The one proviso I forgot to add was 'caveat emptor' buyer beware. If the situation was as it is now when you purchased then you may be deemed to have accepted it.
Have contacted land register and made an order for both properties and will dig the deeds out of my file sin the loft tonight. Going to call some solicitors this afternoon and try and get a appointment.
Part of me is tempted just to take the gate down and install joint access gates but suppose should do it all properly now.
It's always worth a friendly chat with the neighbour in these circumstances, emphasising that you're not taking an adversarial position. So long as you have no expectation of a positive outcome - people usually default to hostile entrenched positions over these matters. It's worth putting on record that you raised it civilly, seeking compromise and that your conduct hitherto was in no way a concession of the rights you legitimately have.
Get a solicitor on the case - ideally the one you've already paid.
For the future, it is ridiculously cheap to insure yourself against the cost of matters arising from shared access and similar. Few years back mine was £28 one off payment for perpetual cover for all issues that may arise from sharing a passage with my neighbour (stop sniggering at the back).
That's what he was paid to do.
Perhaps ask him why he failed to sort this matter at the time?
Politely, of course.
The key question is whether or not there is a 'right of way' (ie access) over the land in question. If there is then, even if they do own the land, you should be entitled to exercise that right of way at reasonable times and after reasonable notice assuming a non-emergency situation.
They were a nonsense and the buyers' solicitor were referring to Title Deeds. which must have been @1950 and bore no relation, to how the road had looked for more than 50 years.
They wouldn't have it, so I paid £200 for an indemnity, in order to fast track the sale.
Obfuscate for long enough then when the buyer /seller is in a state of blind panic offer the 'for £x you can take out an indemnity just in case anything does go wrong.'
Racket!
Can get you a current Land Registry document if you require one.