Private Right of Way problems

[Donna15]

Hi everyone this is my very first post.

I am hoping to get some advise.

I moved into my 1946 end of terrace home in Sept 14. I was a little naive and should have asked more questions about the private right of way that wraps round the boundary of my property until it meets the neighbours boundary.
It serves 6 houses including mine.

now the problem;

1. In 1946 the traffic across the access would have been people on foot, now the access has vans and cars crossing very close to my house. (Can I inforce foot traffic only?)
The opposite side of the access is a council owned carpark, the council were receptive to allow me to move the enterance/exit point to the rear of my property into the carpark, until today as a neighbour has said they are not keen because the entrance to carpark might get blocked. It would be a proper access point so should have not more restriction that the current one. (do my neighbours get to choose were the enterance is?)

2. The Access is private, yet the council fencing boundary to the park behind ends with my neighbour making the pathway past my house is open and being used as a public footpath, leaving me very overlooked.

Also, mine and my neighbour opposite with the same problem have the only remaining private accesses in the street. All the others have been turned into garden or parking by the owner. Does this act as a president?

im totally exhausted and stressed out by the whole thing and the neighbour complaining to the council (after I had spoken to them all ) was the last straw.

Any my help would be great

[des8]

Re: Private Right of Way problems

Hi and welcome.
Regarding the right of way your deeds should tell you what may or may not pass over it. However if it has been used by wheeled traffic for some time you may find there is an established usage.
I'm not quite sure what your plans are regarding the move of the entrance/exit point,
I think you want to shorten the right of way so traffic does not pass down the side of your house, but exits through the council car park.
If I was a neighbour who had use of the path down the side of your house, I would be concerned if there was a move to block it off and redirect through a council car park. What would the situation be if in years to come the council turned the car park into offices and blocked the entrance?
Perhaps I've misunderstood the position.

To prevent use of the path by the public can you not erect a gate, lockable if necessary? Those who have a right to use it could e issued with a key.

[Donna15]

Re: Private Right of Way problems

Hi Des8

thank you so much for your reply.

My deeds are vary vague about type of right of way, it just says it's there, access must be provided and that my neighbours and I have a joint responsibility to maintain it.

The carpark I suggested is part of a community space development the council are doing, it's where's the bowls club, liesure centre and a large open recreational ground, so not likely to ever change from a car park.

I genuinely thought it was a better solution for all of us. For me, cars/vans not passing less
Half a meter from my house and for my neighbours, they would get a much wider access point.

I think I am very disheartened as I took the time to speak to my neighbours before contacting the council, all told me it was a great idea, then the council office tell me one couple have been in to say they don't want it, so it's unlikely now. Reason being someone could park across the enterance. This is true, but that is true of wherever the entrance is.

I guess I just want to know if I have any options, or if my neigbours can do as they please.

Everytime one of the younger neighbours races pass my house, my heart sinks as it's the enterance I step directly onto with my dog. I'm already considering moving as a result.

I can look into the gate to limit public access, I assume they cost is shared across all neighbours as it states cost of maintenance is shared and again, do I need their permission?

So fed up

[des8]

Re: Private Right of Way problems

Why not point out to your neighbour that even though there will be an alternative entrance, the original entrance will still be there to be used if the alternative should be blocked?
I'm assuming you weren't going to the expense of having all the registration details/ deeds changed to remove the right of access.
If it is your land I don't understand why the council won't allow the new entrance to your land, or did you suggest to the council that the existing entrance be blocked, and your neighbour's right of way over the path down the side of your property be extinguished?

[Donna15]

Re: Private Right of Way problems

Morning Des 8

You are correct, my intention was to have dual access with the new enterance becoming the primary route. I was not intending to extinguish the first enterance although I did discuss "if" that was an option with the council (they didnt know). Maybe they took that as my intention.

My aim all along has been to redirect the traffic flow currently past my house, and would be more than happy to allow access if the other access was blocked for any reason.

[des8]

Re: Private Right of Way problems

Well in that case I don't understand firstly what the neighbour is concerned about and secondly why the council are likely to change their mind.
Reapproach them all and explain more fully what you intend and try and allay their fears.
If they don't agree why you should not go ahead anyway have a second access point to YOUR property?
Ask the council to go ahead and put the access in anyway, for your convenience.

[Donna15]

Re: Private Right of Way problems

Thank you for all the advice des8.

i have emailed the council and am going to put a note through all the neighbours doors to find out what there concerns are.
positive moves forward ��

from the the reading I have done, servient land owners don't appear to have much in the way of rights. Do I have any say over the right of way?

Kind Regards

[des8]

Re: Private Right of Way problems

It has always seemed to me that if someone has a right of way over your property the only right you have is to maintain it at your own cost!