Excessive use of right of way

[Guest]

Hi, We are in a victorian property where there is right of way through our side alleyway and rear to 3 other properties. I have lived with similar setups (in different neighbouring streets) for 20 years and had no issues. The right of access were used infrequently and by exception e.g bringing large items through

In our current property the right of access is used by different tenants of the shared house next door for most of the day and we have completely lost privacy. They use it to bring bikes in and out which we understand but it is constant and they also bring visitors through, smoke on the way, have had arguments using access, left gates opens and even speeded through whilst riding on the bikes! They even started using another gate that leads to our front door (not the alleyway) and walking across our living room window and front garden because at this time that gate was open.

I have spoken to one of them and made him get off his bike. I have a small daughter and he could easily have hit her or anyone of us. We’ve also put a note through to ask they respect access and only use it when necessary and not as a primary route to their house with visitors and being noisy especially shouting late at night.

Our land registry has very little information on it about the access. It just states the three properties have right of way over the passage or way at the rear and along the south west of the property. I just wanted to know if there is anyway to understand this right if access in more detail

1. Who is it for? Is it anyone who resides at a property including visitors or anyone they decide they want to use it (so basically open to any person what so ever)
2. Is it right of access only on foot? There is no detail. Can someone ride a bike through my patio?
3.There is no line showing route of access. They use a door on a gate which is next to front of our house so go past every lower window. Can we move access to direct them to side and bottom of the garden? They have a shed there though which would block this.

If there place that would have more info or what is on land registry it? The access rights mentions a covenant that adds to existing rights but no existing right of access mentioned?

Any help at all appreciated as currently I just want to move ! (We can’t though as locked into mortgage)

[des8]

Can you post up the wording as on the Land Registry file?

If the covenant originated as a deed, he LR might have a copy.

Was the neighbouring house originally a private house, which has now become a number of flats or house of multiple occupation?

[Guest]

Hi Yes as I understand it the neighbours house was a private home which is now a house of multiple occupancy.

The document we have from the Land Registry only references the access in a section in Charges Register. It states

1. The land has the benefit of the following rights contained in but is subject to the following rights granted by a Conveyance of <the address next door> dated 23 November 1956 made between (1) <Named person> (Vendor) and (2) <Named person> (Purchaser):-

Together with such right of way as may at present exist and so far as the Vendor can lawfully grant the same over the passage or way at the rear and along the south west side of the adjoining property number (my address) to or from the property hereby conveyed from or to the Street Subject to such right of way as may at present exist over the property hereby conveyed fir the benefit of the adjoining properties <lists the other two houses that have access>

The house has many tenants who change regularly and we understand the landlord may encourage the use of the right of access to the tenants. This is why we we are having different tenants use access across our property for most of the day as they have been advised this is their right to do so. It is so bad we are now looking at installing privacy screens on all our windows.

Any assistance here would be so appreciated. Unfortunately currently as mentioned all I want to do is leave the property. I have a young daughter who is worried about going outside with the amount of different people that use the garden as a right of way. One day a person used it 6 times in one hour! After the one person rode through at speed on a bike (right outside my kitchen where the patio is) I locked the gate. They banged on it shouting for it to be opened (they can open from inside). I did this to protect our safety but understand I cannot perhaps use a lock to secure the garden, even though previous owners did we are aasuming before it was a hmo. There are 3 bolts on the gate that provides access which had been in use we think.

[des8]

The only way forward for you I think would be an application to the court to curtail the excessive use of the easement.
It would seem obvious that there is increased use of the right over what was envisaged when it was granted.

The starting point will be the deed granting the easement (and that might be difficult to locate), and the circumstances surrounding it.

It might be worth contacting a solicitor for a free (or fixed fee) single consultation to ascertain your options.

[Guest]

Thank you so much for your response. I am very appreciative of this. It helps to know there could be something we could do although with anything I understand it may not have the outcome we want but there is hope which makes me feel more positive.