Tweet
Hi Everybody,
An elderly relative has an issue regarding access to her rear garden that has been recently denied by her neighbour:
Council properties bought under R to B in the 1980's, no real issues until last summer apart from a solicitors letter approximately 10 years ago (new owners) which we rebuffed and neighbourly harmony ensued.
The two houses are enclosed at the end by a large wall, my relative's access was by walking around the end of the wall, through the neighbours land (their enclosing fence was set back about 6ft from the wall creating a pathway to my relatives rear garden; it is the only access as the wall forms the boundary of both properties) this is the access format prior to being bought and has continued for almost 50 years.
Access to the end off the wall by neighbouring houses (including my relative's} is explicitly shown in the deeds but does not continue back through the neighbour's garden, the other houses do have a back gate hence the access rights.
The deeds of both properties contain the following clause:
"(c) All such easements rights in the nature of easements and privileges (except rights of way save as specified in the Second and Third Schedules hereto) as have heretofore been enjoyed by the owners and occupiers of the property hereby conveyed over the adjoining properties now or formerly belonging to the Council or by the owners or occupiers of the said adjoining properties over the said property hereby conveyed shall hereafter continue and be enforceable as if the said properties had been in separate ownership for forty years past and upwards and the said rights had been so long enjoyed."
I understand that this clause basically says that what has been with regard to access is protected going forward, and that access via the neighbour's land would be considered a privilege under the law.
We have plenty of pictures and a statement from the previous owners of 40 years confirming so, so, we'd like to register an easement by prescription but, due to financial constraints, we are trying to understand and find a way forward ourselves in order to re-instate access as the situation has become very ugly and extremely distressing for my relative who has had accusations of trespass, police visits etc.
Thanks in advance for any thoughts because this is a bit of a nightmare!
Cheers,
SL
An elderly relative has an issue regarding access to her rear garden that has been recently denied by her neighbour:
Council properties bought under R to B in the 1980's, no real issues until last summer apart from a solicitors letter approximately 10 years ago (new owners) which we rebuffed and neighbourly harmony ensued.
The two houses are enclosed at the end by a large wall, my relative's access was by walking around the end of the wall, through the neighbours land (their enclosing fence was set back about 6ft from the wall creating a pathway to my relatives rear garden; it is the only access as the wall forms the boundary of both properties) this is the access format prior to being bought and has continued for almost 50 years.
Access to the end off the wall by neighbouring houses (including my relative's} is explicitly shown in the deeds but does not continue back through the neighbour's garden, the other houses do have a back gate hence the access rights.
The deeds of both properties contain the following clause:
"(c) All such easements rights in the nature of easements and privileges (except rights of way save as specified in the Second and Third Schedules hereto) as have heretofore been enjoyed by the owners and occupiers of the property hereby conveyed over the adjoining properties now or formerly belonging to the Council or by the owners or occupiers of the said adjoining properties over the said property hereby conveyed shall hereafter continue and be enforceable as if the said properties had been in separate ownership for forty years past and upwards and the said rights had been so long enjoyed."
I understand that this clause basically says that what has been with regard to access is protected going forward, and that access via the neighbour's land would be considered a privilege under the law.
We have plenty of pictures and a statement from the previous owners of 40 years confirming so, so, we'd like to register an easement by prescription but, due to financial constraints, we are trying to understand and find a way forward ourselves in order to re-instate access as the situation has become very ugly and extremely distressing for my relative who has had accusations of trespass, police visits etc.
Thanks in advance for any thoughts because this is a bit of a nightmare!
Cheers,
SL