Removing permission for access

[Amber4692]

Hi all,
I am new to the forum, I have looked through the threads here but cannot find anything similar to my situation.
My Bungalow is tucked away off an unadopted Road, on my deeds it shows I own the lane from my drive to the unadopted Road. There is a terrace of three houses the other side of my lane two of which I have been allowing to use my lane to access the rear gardens of their properties, however one of these houses has been excessive in the use and despite my partner asking them to reduce the use they just state they have a right of way and will not be dictated to as to how much they use the lane. It has now got to the point that we can stand it no longer and are considering legal action to take our permission to use the lane away from the house in question. On moving in to this property our solicitor stated that we could gate the lane without any issues, we chose not to at the time as it seemed neighbourly to allow the social/domestic light use that was happening to continue then.
Can we just gate the lane and refuse them it's use or will we have to go with a pre-action protocol letter via a solicitor?
I should add there is an easement on my deeds but for a different part of the lane in question and no record of any easement on the deeds of the house in question.
I guess my question is am I going to have to go down the expensive route of a civil case with this?
sorry if I'm rambling.
Amber.

[ULA]

Hi Amber4692 I am going to move this back to the Welcome forum for the time being and delete your other thread.

[des8]

Before doing anything rash ask your neighbour why he thinks he has right of way over your land.

If there is nothing on either sets of deeds or land registry files it may be that they can claim a prescriptive right.

[Amber4692]

Thank you Ula,
I wasn't sure where to post it.
Thank you also Des,
I believe he believes there is a prescriptive right from conversations, the couple are not very approachable and have had arguments with every other neighbour in the surrounding area. From what I/we have been able to find out is there is an easement (for three of the terrace houses, theirs included) on our deeds over part of the lane but it then forks off to a second lane that is a dead end. The part of the lane in question continues from this point ending at our drive/carpark and an area of land that no one owns, their back garden opens on to this "no man's land.
their direct neighbour apparently has told them they have a free and right of way over all the lane, this I believe is true of the unadopted Road and the section of lane mentioned in the easement on our deeds.
The Neighbour stating the right of way exists has yet to show us any proof ( he just assures us it exists but refuses to sit down and show us on his deeds) and as his property is not registered with LR we cannot get a copy of the deeds to see for ourselves.
By "doing anything rash" I assume you mean gating the road before going down the road of seeking legal advice? My partner is at the end of his tether with the constant footfall of personal and business vehicles in and out of the back garden past my daughters bedroom (she is autistic and is easily upset) if the building allowed we'd move her room but it is not an option with the layout.
The lane has been in use since the 1930's as far as we can see, however none of the current residents (two of the three rented and the guy who states but won't show deeds the only owner) have been residence long. If we go down the legal route now will we have to prove there is no prescriptive easement?

Sorry for the long winded reply,
Amber.

[des8]

I can understand your concerns regarding your daughter. I have a grand child on the spectrum.

The fact that you know the lane has been in use for nearly 100 years is indicative of a prescriptive right.
The occupants of the property claiming the right only has to show it has been in use for 30 years (I think) and not necessarily by themselves.
Use by previous owners is sufficient
It would be for you as the servient owner to rebut their assertion and show proof to the contrary

If you gate the road, you might find yourself facing a claim for obstructing any right of way that might exist, even if the gate is unlocked.

You say it is in use for business vehicles.
Is this because someone is running a business from their domestic premises?
That might be something you can bring to a halt if they do not have planning permission to run a business from domestic premises (change of use....council enforcement)

[Amber4692]

Thank you Des8,
there is an ongoing investigation with planning enforcement, however i don't feel hopeful as this is an appeal as the first investigation came back with no change of use as they own the company that owns the vehicles si the council decided they were just repairing personal (my partner is running with it as he believes the limited company owns the vehicles and so they cant be classed as personal vehicles to the director or shareholders, but this is the council) vehicles. I feel from your answers we are stuck with putting up with neighbours causing wear and tear to a lane we own but have no real control over (other than repairing it) and emotional stress to our daughter, that in turn spills over to us.
thank you for the advise it has been very helpful, bringing us to the reality is our only option is to go down the route of preparing to face a potentially expensive legal route.

[Ukmicky]

How long has the neighbour lived in the property

[des8]

So assuming there is a prescriptive right of way:
What was that right ie does it include business use or was it solely residential/domestic?
If the neighbours have only recently (ie within the last 30 odd years) been using it for their commercial vehicles you might be able to obtain an injunction preventing its continued use for commercial purposes
Suggest you find out as much as possible and then obtain professional advice.
A single fixed fee (or even free) consultation with a knowledgeable solicitor should give you an indication of possible ways forward and likely costs
Regarding repair you probably have no obligation to maintain the track. As servient owner all you have to do is allow free passage

Link here to a paper on the subject . https://democracy.north-herts.gov.uk...endix%202b.pdf

[Amber4692]

Thank you Des8,
We are looking to find a free consultation, appreciate all your advice.
Amber

[Amber4692]

Des8,
I think IF a prescriptive easement where to exist it would have to be social domestic as all deeds in the area are residential with covenants for no obtrusive business (I'm guessing this in normal for most residential areas) I think the problem may be proving it is commercial as they have an office quite some distance away, it just seems convenient to run some vehicles from this area, and repair them in the garden/carport.
My partner is hopeful that the council (planning enforcement) appeal will confirm that the work being carried out to the companies vehicles is for commercial gain by way of savings made by the company by the director servicing/repairing the fleet using the private residence. That said we are not convinced that this will deter them from carrying on after the appeal is closed (it is ongoing and they have only carried out minimal work, out of office hours since fiding out about the investigation) this is the reason we are looking in to where we stand legally.

Many thanks, Amber.

[des8]

If the solicitor confirms applying for an injunction is viable, you can get help here about the procedure.