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Neighbours access through my property

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  • Neighbours access through my property

    Hi all, I was hoping to get some help regarding access through my garden for my neighbours. So we own a grade II listed building and there has been access through my garden (end of a terrace) to the backs of my neighbours garden. This was so that in the past they could access the river next to my house. However the actual river front is owned by me and in my deeds is shown as mine and no one else has access to it. However it leads onto my drive and to the street. My neighbours daughter during the pandemic started using the back access as her main entrance to her father’s property. (This annoyed me as her coming in and out puts my family at risk but I took it on the chin as her father is in his 90’s. however months and months on she is still using this as her main access point and I want to know if I can out a stop to this as my dog goes mental every time she and her husband walk In and out, my other half works nights so it really disturbs the family. The bin men so come in through my garden to collect the bins for the three houses that have access through my garden which is fine, but I have no privacy, there is also a spiral staircase that leads to my bedroom doors and makes me feel quite insecure with people ina nd out of that area. I have a copy of the deeds should anyone need the exact terminology.

    thanks so much!
    Tags: None

  • #2

    If there is an easement i.e. a private right of way over your land please post a copy of the wording, as without it we are just guessing at what is permitted

    Comment


    • #3
      Here are the documents. Any help would be appreciated. There are two areas off access but the one I’m talking about is lines in yellow.

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      • #4
        I’ve underlined a comment in red as the original access was to access the river which now no longer has an access point as it’s all marked in red which would be solely my property so should the access still have any value?

        Comment


        • #5
          As the beneficiaries of the easement cannot actually use it for the purpose intended, they should not be using the right of way.

          There is an assumption that an easement ends when its purpose can no longer be served, even if the easement agreement doesn’t say so
          However, this is only a presumption and can be rebutted by the owner producing evidence to show that the original character of the dominant land can be restored at a later date and that the need for the right would be revived.

          You might find it difficult to have the easement extinguished.
          Obviously the easiest approach is to request your neighbours cease crossing your ground.
          if they continue you could erect lockable gates, (but have to give them a key) and hope the inconvenience stops them.
          If that doesn't solve the problem a court injunction ordering them to cease the trespass should (but that is the end of exchanging Christmas cards!)

          Comment


          • #6
            I think the Xmas cards went out the window the moment she asked me to leave my garden which I was watering before bed so she could walk in and out which I replied no to. But thank you for your help. I didn’t want to have to take things further as I don’t mind the bin men coming in and collecting everyone’s bins through my garden once a week, but the constant footfall through it is quite stressful. We have a pool there for the kids which isn’t being used because it’s awkward if someone comes in.

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