• 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.

Right of Access

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

  • Right of Access

    At the rear of my property there is a lane. I own the part of the lane from the street to the garden wall of my elderly neighbour. My elderly neighbour and next door but 1 neighbour use the lane as access to their rear gardens.

    The next door but 1 neighbour states they have access rights to the lane - can i verify this? Also they are setting up business from a newly developed garden office and have just said they will be using the lane so their customers/ clients can access their office as they don't want them walking through their home.

    I'm not comfortable with them using it for business purposes - can this be done?
    Tags: None

  • #2


    First up, what does your land registry file have to say about that lane and who has access across it and for what purpose>
    land Registry files access here (cost £30 https://www.gov.uk/search-property-i...-land-registry)

    If the files are silent on the matter, it is possible the neighbours have a prescriptive right to cross the land.
    How old are the properties?

    If you are in a residential area have your neighbours obtained planning permission for change of use to offices?
    Have they obtained planning permission to build a "garden office"?
    Check with your council

    Comment


    • #3
      As Des8 states you can download the title deeds and the title plan for any registered property from the genuine .gov Land Registry website. I believe the cost is just £3 per document so getting your own and those of your 2 neighbours will cost you all of £18.
      Any sale of property since 1990 triggered compulsory registration, so if your elderly neighbour has been the owner since before that time that property may not be registered ( the old deeds may be held by the neighbour but there is no way you can insist on seeing them).
      The title deeds and plan may indicate the existence of a right of way across the Land and further may indicate the geographical limits AND any restrictions to those rights for the benefit of the Land to be reached (dominant land) across the Land subject to the burden of the easement ( servient land). For example the right may be limited to "on foot" or may be with or without vehicles.
      You should note that if nothing is written in the deeds that doesn't necessarily mean that no rights exist. Rights can be gained by long usage (prescription) (look this up on the internet) and rights gained by this method are limited to the type of usage which created the right in the first place.

      Regards

      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