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Access to back garden

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  • Access to back garden



    Hello
    So I've bought a property which has a side extension built close to the boundary, cutting off access to the back garden directly.
    My neighbour has a gate on his side and a fence that pretty much runs parallel along my extension wall. I.e. from where my extension ends, his fence starts and runs to the back of the garden.

    Now the interesting bit is that there is a bit of my land left which the neighbour uses to access their gate. Its a narrow access area down the side of our houses around 1.5m wide. About half is mine. The reason btw that I am saying it is mine is that the fence stops - this bit starts - then at the front of the house where our driveways split is another small wall. So imagine a fence going in a straight line, then it stops allowing access to the back garden for my neighbour, then a wall continues the boungary. In a straight line, this would make my area about 0.75M.

    My problem: Id like to be able to use this to access my back garden but it would involve this fence being moved.
    I have spoken with the neighbour but he is not interested in helping out. Pretty much told me to f-off said not to contact him again(i know lovely chap)

    So my question is that, this area next to my extension that he uses - what are my options with this? Who would i need to contact if i take this down the legal route.
    Edit: should also mention that there is no easement or anything regarding this in the title of both properties
    Tags: None

  • #2
    And you bought this property knowing about this? Did you discuss it with your solicitor?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      At the time I bought it and went to view the property I saw a gate on my side of the house and assumed it shares the access to the side. I obviously overlooked the fence behind it, which was a mistake.

      When I bought it, nothing was discussed regarding this.

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      • #4
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        I have added these images to try to explain

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