Right of Access issue

[Anez]

Hi, since our house was built in 1936 the householder has had access over a piece of council owned land (on our deeds as an intended road) to access the garage that was originally in our back garden. We have had this access since 1998 when we bought the house. Due to some issues with the neighbour on the opposite side of this land who moved in about 3 years ago, the council have erected a chain over the front of this land. Due to our deeds having 8 foot of "palisades" (presumably intended pavement) as part of out plot/deeds, the council are suggesting a "licence" to allow us to use the 8 foot as our access, however, if we had a delivery that required accessing our side gate it would be impossible to do.
Do we have any legal rights as we have had unhindered access to the side of our property since 1936? So we can get the chain removed and have the access down the land to get to our side gate?
Would welcome any advice

[des8]

I would suggest you have a prescriptive right of way over the council owned land (unless the council had given permission for it to be used as a RoW)
A prescriptive right of way arises if use is "as of right" meaning it is used openly, without force and without consent

From your post i assume the garage is no longer there, and you don't use the site for parking, but did you use it regularly for access?

If you have been using it regularly and still need the access it might be worth trying to get your local councillor to support a request that access be reopened (or they give you a key) before you start to get legal

[Anez]

Thank you for your response, this has been very helpful

[Ukmicky]

Are there any easement rights mentioned in you register of title or is there anything which mentions the housing act.

if not a prescriptive easement can be claimed after 20 years. If your predecessors used this access their use also counts , so I would say you are in a good place.

if nothing is mentioned on your deeds go on to the land registry site and download the forms to apply for a prescriptive easement.