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LondonlawyerJ
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Experience:  Solicitor with over 15 years experience.
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My neighbour apparantly has access over my back garden 'to

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my neighbour apparantly has access over my back garden 'to put the bins out'. There is nothing in my deeds that i can find about this, it just seems to be a traditional arrangement. The problem is, he doesn't just put the bins out; he and his guests use it on a daily basis, even stopping to chat outside my kitchen window. He has both a front and a back door, but will use the shared entry and go over my garden rather than use the shorter route through his front door. Is he being unreasonable, and exactly what are both mine and his rights?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am solicitor wht 20 years experience. I will try to help you with this.
Why do you say he apparently has this right of way. Does he say so?
Customer: replied 1 year ago.

It was in the info. provided by previous owners and ,yes, he says so. But there is nothing I can find in legal stuff about right of access.I wouldn't object to him putting his bins out, it's the fact that he uses it as a public footpath that I feel is taking it to another level. He said to me when I first moved in that 'it saves him using his front door' !

Expert:  LondonlawyerJ replied 1 year ago.
So it was sinteh property information form? Did you conveyancing lawyer give you any advice about this?
IF has got a right of way by way of an easement and it is limited for the purpose of putting the bins out then that is all he can do.
As a first step you will need to talk to him about not exceeding the limits of his usage of the right of way.
I assume there is no mention of this on you title deeds at the land registry.
Customer: replied 1 year ago.

I don't know what a sinteh form is, it just says TA6,property information form;is that the same thing? And I was informed access was to put council bins out for collection. I didn't ask any further, as it didn't occur to me that anyone would want or need to use access for any other purpose.

Expert:  LondonlawyerJ replied 1 year ago.
Yes it is, sorry for the typo. Before talking with your neighbour it might be worth checking at the land registry online to see if the there is an easement on the deeds.
Customer: replied 1 year ago.

The conveyancing solicitor I used for the purchase is looking into it- there isn't anything in the deeds I have- does the land registry go back to year dot? And from what I've read so far, it seems that all the rights are in favour of my neighbour, even if there is nothing about easements. Does the servient party ever successfully challenge these arrangements, in your experience?

Expert:  LondonlawyerJ replied 1 year ago.
The Land Registry does not go back to year dot. They will have made the entries at the time that it was first registered based on the documents used at that time.
The legal position ins that (assuming this is a genuine easement) the neighbour can only use the easement for the purpose allowed.
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Customer: replied 1 year ago.

thanks. There is nothing with land registry, so now I am looking at other options for answers, not feeling very hopeful. I've never had a problem with neighbours before, but this type of arrangement seems to be all too common, and extraordinarily difficult to resolve amicably, by all accounts.

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