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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10594
Experience:  Barrister 17 years experience
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The only access to my back garden is through my house. As the previous owner didn't

Resolved Question:

The only access to my back garden is through my house.
As the previous owner didn’t get on with their neighbours, they built a 2 meter fence between the properties.
I suspect that the previous owners of my house had access to the back garden by the space between the mine and the adjoining house, although this land appears to belong to the adjoining house.
The previous owners of both properties are not available to ask.
How do I determine if I do have access to my garden across this ground?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Lewis, as you are probably aware, in the UK, the Land Registry map and plan govern the situation as regards ***** ***** rights between two neighbours. Accordingly, if the Land Registry map shows the ground between the two houses as part of your neighbours, then this is in his ownership. So at best, ***** ***** only have a right of way, or easement over this grounds to access your garden. In order to ascertain if you have an easement or right of way, you will need to get up the Master Agreement with the Council to see if there was formerly an easement in your favour. The sale by the Council to you didn't create a fresh easement. So, this transfer did not create a right of way in your favour if one did not previously exist. So, unless you can get a former plan of the Council which showed a right of way along this piece of ground owned by your neighbour, then you don't have a right of way today. Access is purely through your house, I regret to say.
Expert:  Buachaill replied 1 year ago.
2. So you need to go along to your local Council Property Department and find out if there was ever a right of access to your back garden through this piece of ground on the side of your house. Unless the Council have some record of this being the case, I regret to say you are stuck with the situation where you can only access your rear garden through your house. This is because the Land Registry plan is against you. Normally, an easement of this nature would be marked upon the title as a burden on the folio. The fact it is not marked means it most likely does not exist.
Expert:  Buachaill replied 1 year ago.
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