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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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ThereMy husband bought a mid mews property in 2006 which

Customer Question

Hi There
My husband bought a mid mews property in 2006 which we now rent out.
It's in a row of 5 houses and is the second property in the row.
At the back of each house there is a small garden area and behind that a rail embankment, the garden was all fenced in except for a gate between our property and property 1 (which is on the end of the row) therefore the only access we had to the back of the house except through our own was via this gate and the side gate of property 1.
Ever since we bought the property and as far as we are aware since the properties were built in 1994 there has been this access via a gate so that we can take our bins out for bin collection and then keep our bins at the back of the property.
However when our tenants moved out last Autumn we found that the new owners of house 1 (it had recently been sold) had replaced the gate with a fence therefore blocking our access to take our bins out and to keep them in the back garden. Currently the bins are now being kept at the front of the house. They never asked if they could do this or consulted us at any point - footing the bill for the cement slab and fence panel themselves but obviously because they knew we wouldn't want the gate replacing with a fence!
I can understand them not wanting our tenant to take their bin out round the back of their property however are they allowed to do this?
I have checked the property deeds and all the legal documents that came with buying the house but to be honest there is so much that I'm getting a bit bogged down in it, but I cannot see any mention of a 'right of way' for the purpose of taking bins out - unless it wouldn't say it that explicitly!
All i can see on the individual property title deeds for both houses is mention of us both having to allow access to each others properties for the purpose of external maintenance to our own properties and also gas/electricity/water purposes.
I have however found on a land registry document that relates to the whole development on which the houses are part of (prior to the plots being transferred onto their own titles) the below in the Charges Register
"The roads and footpaths and any access ways, common areas, passageways and parking area are subject to rights of way and user."
"The land is subject to drainage....together with ancillary right of entry"
It also mentions 'easement land' however doesn't say or have a diagram to show what the easement land on the development is.
Would these charges still be valid despite transfers of the land afterwards and are they relevant at all?
And finally in the original planning permission it states the council will provide a bin collect service and
"The design should therefore allow for the storage and collection of wheelie bins"
Therefore it would suggest in the original design by having the back gardens with a paved area running along the back of each with access via gates through the properties this would be put in place for storage and access of the bins?
Do you think any of this information would help our case or am I clutching at straws?
If I can't find anything in our actual legal documents is there still not an assumed right of way since we think it's been used for bin access since the houses were built in 1994? Or do we have any legal standing on this matter? Just wondered if you think this is viable to pursue before we go down the expensive legal route?
The bins for our property now have to be kept on the small front lawn at the front of the house, there is no space really to keep bins at the front of the property so looks very unsightly aswel as killing the grass. Also the remaining 3 houses in the row all still keep their bins at the back - so house 4 and 5 must have gates still in place so that house 3 and 4 can get their bins out that way. (However we do not have a gate between our property and property 3 to take our bins out the other way.)
Sorry to bombard you with so much information or if anything is unclear and please let me know if you need further information/clarification.
Any help or advice would be much appreciated!
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Thanks for the update.

We don't mind waiting longer for a response from an expert.

Appreciate your efforts.

Jenna XXXX XXXX

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Thanks for your efforts.

Please can you close this question and refund the 26 pound fee immediately.

Jenna XXXX XXXXX

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