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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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There. Back in 2012 I bought a cottage. It was a bit complicated

Customer Question

Hi there. Back in 2012 I bought a cottage. It was a bit complicated because there are three cottaged (terraced) in which the previous owners, owned all three until they divorced. I purchased the cottage in the middle in which the old owners kept one cottage each either side of mine.
Part of the legal agreement during the sale was that I am allowed access to the rear of one of the cottages to get access to my car parking spaces. The property that I am allowed to walk through is rented in which the tenants own two aggressive staffordshire bull terriers. My partner and I are too scared to even try to walk through the back of their garden now due to fear of being attacked. All we have to do is go near our fence and the dogs start growling are barking at us aggressively.
Where do we stand with taking action against the land lady/tenants for breaching the legal agreement we had when I purchased my cottage?
Many Thanks
Phil.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
There is no action against the "landlady" as this is not an issue of property law. I presume that the deeds provide for you to have the right of access. The issue here is a neighbour issue in that the dogs ar pacing you in a state of fear and alarm as a result of which you can't exercise your legal right of access. Assuming you agree with that analysis, then your legal route is against the tenants of the property. You need to have them written to by your lawyer, insisting that they be kept away from the area over which you need to access. If this can't be resolved by correspondence then you will have to look at the remedies available to you by way of court action, based on nuisance, for example. I suggest that you see a local solicitor about this and get him or her to issue a letter in the first instance.