• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Dispute over alley

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Dispute over alley

    Hi, I am after some advice. I live in a terraced house.New neighbours moved in next door last October. The owner is a builer and set about completely gutting the house. He and his team worked daily from 10am until 9.30 every night even when we politely explained we had children who up go bed at 7. They have parked their van on our lawn. They have moved drain pipes on a property that doesn't belong to them. All of this is just an insight as to why relationships have broken down.
    We have tried to be polite however the latest they are building a structure at the bottom of their garden for the woman to run her beauticians business out of. This isn't a problem however I believe she wants her clients to access her business by the back alley. This alley runs behind the house to the left of us and our house and gives her access to her garden (to the right of us). On our deeds it states that we own it and must give each side access. This alley backs onto garages so is not over looked in anyway so would be a prime entry point to break into our house.
    Can she give her clients access or would I need to give her permission? My neighbours to the left are strongly against this too. Any info gratefully received I don't b know who to ask our what to do to stop this happening.
    Tags: None

  • #2


    What is the exact wording of the right of way?

    Has she obtained (does she need to obtain?) planning permission for change of use from domestic to business?

    Comment


    • #3
      So the legal wording is There is reserved to the vendor and the company and the occupiers of 433 and 435 on the said estate a right of way on foot over the area coloured brown on the planned annexed hereto for the purpose of access to and agrees from the property to be erected on plot NOS 433 & 435 subject to the company or their due proportion of the cost from time to time of maintaining and repairing the said area.

      It also says:
      No trade manufacturer or business of any kind shall at any time be set up or carried on in or upon the said property or any part thereof but this stipulation shall not preclude the carrying on of the practice of a duly qualified dentist, solicitor physician or surgeon.
      She is currently running her business out of her bedroom but will be moving it to this shed they are building in the garden. I am trying to find out if she is having a sink in it as I believe if it had running watet they need planning permission.

      Attached Files

      Comment


      • #4
        Pretty plans, but they don't mean much without a key

        From that wording any persons visiting your neighbours can use that alley way.

        She is also in breach of that covenant, and you could apply for an injunction to stop her operating a business from home.
        It is not an uncommon restrictive covenant and breach of it by customers using your land (albeit over a RoW) could disturb for your quiet enjoyment of your property

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X