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Right of way issue
Hello,
I'm hoping for some advice before further legal action may be taken. I'm sorry that this is a long post, would like to give as much info as I can.
I live in a terraced house, A, we have and alley running down the side of our property, front to back with our property overlapping above, between house A and B. House C are convinced they have a RoW through our garden and down the alley, which has a locked gate at the front. There is nothing in our title deeds to suggest such RoW. My husband bought the house 10 years ago and changed the lock on the alley entrance gate and gave them a key saying he would, for now honour the agreement in place with the previous owner of our house, to take his wheelie bin out. (There are other houses on the street with no rear to front access)
Their property plan has no indication of a RoW. There is a paragraph in section A of their property register that state 'A conveyance of the land in this title 'dated 1977' made between 'vendor' and 'purchasers' is expressed to grant the following rights :-
"Together with (in so far as the vendors can convey the same) a right of way at all times and for all purposes over and along the pathway at the rear of and behind the adjoining property 'street' aforesaid.
Our solicitor has said ' no legal evidence produced to support this claim' 'not registered against house A title deeds' 'in any event of dispute, this only states to the rear of the property and NOT the side alley/passageway.
We've had a few 'words' spoken over the years and each time nothing has come of it with us of the understanding house C has accepted they do not have legal access. After the last one, we made an arrangement that they could open the gate between the properties (our boundary fence and gate) put their bin out and we will take it through our garden and alley for collection.
We don't wish to fall out with our neighbours, and feel we are being more than reasonable with taking their bin out for them, however, I'm not prepared to have random arguements now and again over this.
Now, with the wording on their title register, I would take this as the 'pathway' behind our boundary wall at the rear of our garden, I say 'pathway' as there isn't currently one, it's private property however all our garden have, or did have coal bunkers at the rear of the gardens and I'm looking into whether the land behind had a right of way for coal to be delivered. The land behind was split into 2 halves in 1985 and I cannot find anything prior to this on that land, with a RW clearly marked in the title deeds through the rear of one half and through the other which is now a car park. So I do believe previous owners were tying to gain access on this land, not ours.
So I think, I'm basically asking if there is anyway they would have legal standing to use our garden and alley, with nothing being stated in our deeds? We have original paperwork dating back to when the house was first built in the 1800's and there is nothing to suggest there has ever been any RoW through our property.
We have given them permission, with the key and suggesting that they can use that when needing to take the bin out, so I don't think they are able to try gain access with the 20 year law. The properties have never been one and then separated which rules out a couple of other rulings.
Has anyone come across anything similar or has any idea if hose C would have any legal standing on this situation?
Thank you for taking the time to read sorry of this is not the right place.
I'm hoping for some advice before further legal action may be taken. I'm sorry that this is a long post, would like to give as much info as I can.
I live in a terraced house, A, we have and alley running down the side of our property, front to back with our property overlapping above, between house A and B. House C are convinced they have a RoW through our garden and down the alley, which has a locked gate at the front. There is nothing in our title deeds to suggest such RoW. My husband bought the house 10 years ago and changed the lock on the alley entrance gate and gave them a key saying he would, for now honour the agreement in place with the previous owner of our house, to take his wheelie bin out. (There are other houses on the street with no rear to front access)
Their property plan has no indication of a RoW. There is a paragraph in section A of their property register that state 'A conveyance of the land in this title 'dated 1977' made between 'vendor' and 'purchasers' is expressed to grant the following rights :-
"Together with (in so far as the vendors can convey the same) a right of way at all times and for all purposes over and along the pathway at the rear of and behind the adjoining property 'street' aforesaid.
Our solicitor has said ' no legal evidence produced to support this claim' 'not registered against house A title deeds' 'in any event of dispute, this only states to the rear of the property and NOT the side alley/passageway.
We've had a few 'words' spoken over the years and each time nothing has come of it with us of the understanding house C has accepted they do not have legal access. After the last one, we made an arrangement that they could open the gate between the properties (our boundary fence and gate) put their bin out and we will take it through our garden and alley for collection.
We don't wish to fall out with our neighbours, and feel we are being more than reasonable with taking their bin out for them, however, I'm not prepared to have random arguements now and again over this.
Now, with the wording on their title register, I would take this as the 'pathway' behind our boundary wall at the rear of our garden, I say 'pathway' as there isn't currently one, it's private property however all our garden have, or did have coal bunkers at the rear of the gardens and I'm looking into whether the land behind had a right of way for coal to be delivered. The land behind was split into 2 halves in 1985 and I cannot find anything prior to this on that land, with a RW clearly marked in the title deeds through the rear of one half and through the other which is now a car park. So I do believe previous owners were tying to gain access on this land, not ours.
So I think, I'm basically asking if there is anyway they would have legal standing to use our garden and alley, with nothing being stated in our deeds? We have original paperwork dating back to when the house was first built in the 1800's and there is nothing to suggest there has ever been any RoW through our property.
We have given them permission, with the key and suggesting that they can use that when needing to take the bin out, so I don't think they are able to try gain access with the 20 year law. The properties have never been one and then separated which rules out a couple of other rulings.
Has anyone come across anything similar or has any idea if hose C would have any legal standing on this situation?
Thank you for taking the time to read sorry of this is not the right place.
