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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I live in a purpose-built masionette

Resolved Question:

I live on the ground-floor in a purpose-built masionette with 2 gardens at the rear. 1 for each property. The Garden dividing Boundry runs roughy central to the house. The upstairs' garden boundry begins about a metre and a half away from the rear property wall bordered by a fence and gate. The space between the house and the upstair's garden is our access to the back garden and we more frequently ues our rear entrance to enter the property. I have checked the land registery title plans and the access area appears to be common. Recently we allowed the upstairs landlord to put his bins in the access area temporarily while the tidied the garden. Now the new tennant is claiming it is his area and moves our bins away in place of his own. He is threatening to fence off or access as his landlord told him its his land. Is he allowed to obstruct the access or even put his bins in this area If it only accessess our property? i have pdf copies of the title plans to both properties.

Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hi there,

Thanks for your enquiry.

I am guessing that the neighbours Plan is the one showing the garden directly behind the Flats, and that your garden is the one to the left of your neighbours garden.

If so, I do confirm that your neighbour owns the land immediately outside the Flats.
However, this does not in itself confirm that he is entitled to block the access off or prevent you from putting your bins there. In order to answer these questions, you need to have a look at your Lease to see what rights you are granted in respect of the access.

Do you have your Lease to hand?

Kind Regards
AL
Customer: replied 3 years ago.

Facing the property our garden is to the right and runs up to our back door. Its the lower garden looking at the plans. Their garden is the one which is seperated from the building. The one furthest to the north.

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Thanks for your reply. I got it wrong then- your property does indeed therefore own the Leasehold interest in the access, and your neighbour is wrong.
Although you own the access, you still need to check the Lease to see what it says as regards XXXXX XXXXX your neighbour has over it and the Lease will also show if there are any restrictions on what you can and can not do with the access.
At the very least, I am sure your Lease will grant your neighbour a right of way over the access. It may also say that your neighbour also has a right to put their wheelie bin on the access, but you would need to check this.
Certainly, the neighbour can't fence off the land as it is not his to do that.

I hope this assists.

Kind Regards
AL
Customer: replied 3 years ago.

Hi, Thanks for your answer. Just one more thing. Can we at the very least prevent him from blocking our access at the moment? We have 3 wheelie bins each and there is room for 5. In the past we had 3 there, they had 2 and then 1 in the garden. Now he pushes Our bins up to block out gate and put all 3 of his there. I was happy with the situation as it was previously but because of his arrogant nature, unfriendly approach and insitance it was all his land I would prefer to make him move all 3 away now if I am able. I will check the lease to see if this is possible.

Expert:  Aston Lawyer replied 3 years ago.

Hi again,

You will need to check the Lease as to whether h has the right to park his wheelie bins on the access.

You are within your legal rights to stop him from blocking the access.

Kind Regards
AL
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