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We moved into a house 23rd October, end terrace. We were aware that we had to give access to neighbours for their back garden. Our solicitors didn't specifically highlight the issue with simply put the land registry documents as an appendix to the contact and left us to it. Our neighbour has since been on at us regarding the easement saying that access is required at all times and we need to section off 1.5m from our boundary wall at the right and back of the property to allow access. The person we bought the house off didn't have the area sectioned off (neither did the people they bought it off, i have sourced the sale particulars from 2016 and there's definitely no access sectioned off) and the previous owners have built a garden shed and a 15m2 summer house along the right hand wall and the rear wall to our property (this was also a major selling point for us and i am using the summer cabin as my work studio). is it possible to claim almost squatters rights over the easement path?
Our neighbour is now insisting that we reinstate this pathway to allow him access to his back garden. There is another access point to the back pathway from the rear half way along the terrace but its all overgrown and hasn't been used in years - when i questioned the neighbour he said this was because there had been historical drug use so people didn't want the access pathway cleared. If we have to reinstate this pathway we lose a major chunk of what we thought was our garden and will have the cost of moving the shed and summer cabin (which has a water and electricity supply). The previous owners have had the summer cabin and shed erected for a minimum of 12months prior to us purchasing the property.
I feel like the solicitors who handed the sale have failed us in not highlighting this as an issue to rather than just attaching the land registry stuff onto the contract, the map that they attached on the reverse of a page was a bad black and white copy that didn't properly identify garden and pathway and the implication that has on our property. Had we been made aware this would have had implications on whether we actually bought the property or not.
I have investigated around the property and there is another possible access point to the back access pathway through another alleyway from another road to the right hand side of the terrace, it would mean knocking through a wall and putting a gate in (which im more than happy to pay for if i can find out who owns the back access pathway boundary wall). If any of this is possible, is it possible to get the change registered at the land registry?
does the easement pathway land actually belong to us? if what the neighbour is saying is correct and we have to fence it off surely its not our land? the ordnance survey map shows it as our land. If im being reasonable and allowing the neighbours access when they require it is that sufficient? I have 2 young kids so keep the back gate locked but have no issue in letting the neighbours in if they require to do so.
I don't know where to turn or who to ask!! any advice would be greatly appreciated.
We moved into a house 23rd October, end terrace. We were aware that we had to give access to neighbours for their back garden. Our solicitors didn't specifically highlight the issue with simply put the land registry documents as an appendix to the contact and left us to it. Our neighbour has since been on at us regarding the easement saying that access is required at all times and we need to section off 1.5m from our boundary wall at the right and back of the property to allow access. The person we bought the house off didn't have the area sectioned off (neither did the people they bought it off, i have sourced the sale particulars from 2016 and there's definitely no access sectioned off) and the previous owners have built a garden shed and a 15m2 summer house along the right hand wall and the rear wall to our property (this was also a major selling point for us and i am using the summer cabin as my work studio). is it possible to claim almost squatters rights over the easement path?
Our neighbour is now insisting that we reinstate this pathway to allow him access to his back garden. There is another access point to the back pathway from the rear half way along the terrace but its all overgrown and hasn't been used in years - when i questioned the neighbour he said this was because there had been historical drug use so people didn't want the access pathway cleared. If we have to reinstate this pathway we lose a major chunk of what we thought was our garden and will have the cost of moving the shed and summer cabin (which has a water and electricity supply). The previous owners have had the summer cabin and shed erected for a minimum of 12months prior to us purchasing the property.
I feel like the solicitors who handed the sale have failed us in not highlighting this as an issue to rather than just attaching the land registry stuff onto the contract, the map that they attached on the reverse of a page was a bad black and white copy that didn't properly identify garden and pathway and the implication that has on our property. Had we been made aware this would have had implications on whether we actually bought the property or not.
I have investigated around the property and there is another possible access point to the back access pathway through another alleyway from another road to the right hand side of the terrace, it would mean knocking through a wall and putting a gate in (which im more than happy to pay for if i can find out who owns the back access pathway boundary wall). If any of this is possible, is it possible to get the change registered at the land registry?
does the easement pathway land actually belong to us? if what the neighbour is saying is correct and we have to fence it off surely its not our land? the ordnance survey map shows it as our land. If im being reasonable and allowing the neighbours access when they require it is that sufficient? I have 2 young kids so keep the back gate locked but have no issue in letting the neighbours in if they require to do so.
I don't know where to turn or who to ask!! any advice would be greatly appreciated.
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