Right of way

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Tue 7 Aug 2018 19:34
Right of way - Red Rich

We have a right of way road/alley at the back of our terrace if houses - 17 houses long, and only 1 ccess point,

One neighbour (about middle od the row) has started to park cars in this road, therefore blocking access for quite a few to get to their garages/private hardstanding.

The council seem unwilling to assist as the alley is not owned by them.The police also says it is a civil matter.

Any ideas how we can solve this with our neighbour, who is not very freindly ans has even erected 2 CCTV cmeras to view the alley! He seems to think its his property!!

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Tue 7 Aug 2018 20:59
Right of way - bathtub tom

I once owned a similar property and I owned the the alley to the immediate rear of my property, although my neighbours had right of way over it. You'll need to check your deeds.

Perhaps a solicitor's letter?

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Tue 7 Aug 2018 21:47
Right of way - Bromptonaut

OP needs legal advice. Rights of access across back ot terraced properties is common but does it include vehicular access? Easy to assume it does but by no means clear when talking of houses built long before usage of motor cars was common place.

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Tue 7 Aug 2018 23:31
Right of way - Leif
Legal advice is probably advisable, as is checking deeds etc. One option is for others to park so as to prevent this person getting their cars out. That might force them to act in a communal manner. However, this is a suggestion, no idea if it’s sensible or not.
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Wed 8 Aug 2018 21:09
Right of way - Red Rich

Thanks to everyone for suggestions.

I am considering purchasing a tank and maybe mistakenly reversing over them!

Seems so frustating the authorities cannot act in thesse situations forcing legal (expensive) action,

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Wed 8 Aug 2018 21:29
Right of way - badbusdriver

As mentioned, check the deeds carefully to find out exactly where you stand with regards to access. Might also be worth speaking to the local council and/or CAB before going to a lawyer. As for expensive legal action, speak to the affected neighbours and find out if you could split the costs, surely if there are 5+ involved, it wouldn't be too expensive for you individually?.

Edited by badbusdriver on 08/08/2018 at 21:30

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Wed 8 Aug 2018 22:29
Right of way - Bromptonaut

Seems so frustating the authorities cannot act in thesse situations forcing legal (expensive) action,

It's a situation between neighbours around the terms and covenants they agreed to when they bought their homes; nothing to do with 'the authorities' until the legal position is clarified.

OTOH if offender is tenant of a 'buy to let' then perhaps hislandlord could bring pressure to bear.Generally though I'd 110% endorse Leif's softly softly approach.

Edited by Bromptonaut on 08/08/2018 at 22:34

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Wed 8 Aug 2018 22:03
Right of way - Leif
Incidentally, I would advise doing your best to remain in good terms with this neighbour. Find out your legal rights over this right of way, then if it turns out the neighbour is in the wrong, very politely, ma6be even apologetically, ask to have a chat with him, and carefully explain the legal situation. I’ve past exper8ence of disputes, and softly softly is best, though that’s not to say you shouldn’t be firm.

If he persists, a group of you going round might help.

I hope it resolves, I live in a close, the old couple at the end were universally hated, really nasty people, after they left the new owners found they had removed fitted cupboards from one room, leaving damaged walls. They did not leave a contact address with anyone,
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Thu 16 Aug 2018 17:42
Right of way - concrete

I agree the soft approach is the first option. However before any approach it helps to know your facts. Firstly, as already stated check your deeds for an Easement or Covenant which allow right of way across the alley for access only. It may help if you and your other neighbours had a whip round for a fighting fund. Solicitors cost money! Secondly, checking with some local land owners, it is illegal to deny access to a legal right of way without the consent of the beneficiary. Exceptions being emergancy road works, utilities etc.I think you simply have a case of an ignorant and selfish person who needs to be informed that you have rights too. Good luck and let us know the outcome.

Cheers Concrete

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