HMO and right of access issues through garden

[Katlo-12]

We live next door to a HMO have had a few issues with people accessing the HMO via the right of access through our garden.

The following has happened when using this right if access and we are unsure about whether we can pursue anything legally:

-Riding push bikes through our garden (right of access is across a patio which our kitchen door opens onto so dangerous for us) I have a young daughter too
-Guests of the HMO residents using the right of access to gain access to HMO (both accompanied by resident and on their own)
- Family members of one HMO resident coming through our garden in attendance to gain access to HMO (as resident would not allow them in) so essentially attempt to break into HMO. This happened repeatedly.
- Guest of HMO resident bringing animals through our access as landlord advised they cannot go through their house

In our land registry it only has a brief mention that there is right of access through our alleyway and rear but no detail. Im assuming the detail would be in original title deeds which we do not have and cannot get.

Having anyone in our garden and now animals of guests we have lost privacy and do not feel safe or that we have any security. We have a 6ft side gate and have provided key (with agreement of landlord) but guests have even climbed over this to access the HMO. The landlord is advising anyone who wants to access has a right to use it whether they live there or not.

Any guidance appreciated!

Thank you

[Scot22]

Sorry for your problem with this abuse. It is possibly only right of access to carry out maintenance/repairs.
You can obtain title deeds online through Land Registry.
I suggest you post again when you know essential details.

[Katlo-12]

Thank you for your response. We have the land registry info as required for house purchase. We do not have original title deeds though as these are now not essential for purchase. So really we only have a statement from more recent documents in the Charges Register section . We cannot obtain the original title deeds so this is our predicament .

This copy of register title from land registry states the properties adjoining have benefit of right of way. No mention at all for what purpose. Our solicitor at the time advised the original title deeds were not available and just to note there is a right of way. We know we might need legal advice but not sure what happens if title deeds are missing as where can we clarify the allowed usage of right of access?

[des8]

can you please post up the EXACT wording regarding the right of access as it appears inbthe land registry title for both properties, as well as copies of any plans

[Katlo-12]

C:Charges Register
The land has the benefits of the following rights contained in but is subject to the following rights granted by a conveyance of (property next door listed) made in (date)1956 between vendor (named person) and purchaser (named)l person)

Together with such right of may that may present exist and so far as The vendor can lawfully grant the same over the passage or way at rear and along the south west side of the adjoining property (listed as our property) to or from the property hereby conveyed from or to (our street name) Subject as such right of way may at present exist over the property hereby conveyed for the benefit of properties (2 x properties listed that adjoin our next door neighbour)

That’s all the detail we have.

[Katlo-12]

Plans only show our property boundary, no marked right of way

[des8]

Presumably that easement was agreed for a house in occupation by one family.
It would probably been intended for the occupiers and any visitors to the dominant property.

"along the south west side" doesn't sound like "anywhere over the garden"

You might (note "might") have a good argument that the current use by an HMO is excessive and beyond what was originally implicitly granted because of the radical change in the character of the dominant land.

An initial consultation (free? or fixed fee) with a solicitor should give you an idea of your options.

A court case might be funded by your legal expense insurers if you have that cover with your household insurance

[Katlo-12]

Thank you so much, that’s really helpful. It’s just about getting an understanding of where to start to here. I’ve lived in houses with right of access for over 20years (which were used) with no issue at all so this has been a bit of a shock. We don’t want to prevent access but we feel we still have a right to some privacy and security in our home. Thanks again!

[Prokustom]

Did you get anywhere with this, I’ve got a 5-7 bedroom hmo going in next door but one, access through my garden on foot only, never been an issue with the other two neighbours but thoughts of up to 7 people coming and going through my garden at all times of day or night fills me with dread, I’ve already got severe ptsd I’m probably going to get locked up if I catch someone in my garden at 3 in the morning