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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I own an end terrace house (since 1993) and have incorporated

Customer Question

I own an end terrace house (since 1993) and have incorporated the back pathway into my own small garden and other neighbours have done the same. A house down the road has been sold to a builder who is enquiring about access at the back as he has bought a house and wants to do it up to sell it. I wish to deny access to him as I do not want scaffolding etc to be brought through my small garden. Am I within my legal rights?
Submitted: 2 years ago.
Category: Property Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

Would he need to pass through your property along the path to get to his property via the accessway?

tdlawyer :

Why have you rated bad service?

Customer:

I don't feel you have told me anything yet. I am wanting to know whether there is a law. What he wants to do is neither here nor there. He can go through his front door and carry out building work he does not need to cart things around the back. Also there is a house next door from the other direction which is much nearer than mine if he wants to challenge using the pathway.

tdlawyer :

Well, I haven't told you anything yet, I've asked you a question, which I need you to answer before I can give you any answer.

tdlawyer :

He could also fly in the scaffolding by helicopter, but I expect that is impracticable, and hence why you ask the question you do, as you appreciate it's likely to have to come through you garden, but I need to understand whether that's right, because this is relevant to the answer.

Customer:

No it doesn't have to if he chooses to take it through his front door or request access at the other end of the small street. His neighbour to his right has done the same as me but her right hand neighbours have retained their pathway. The pathway goes from the other end to her house. It is a very small road.

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Customer: replied 2 years ago.

You will obviously see that I am absolutely no further forward since talking to you but I think your service bullies people into rating it as okay for fear they will not get an answer. I think I had better give up now and use my own common sense.

Expert:  tdlawyer replied 2 years ago.

Okay, I see you have rated the answer as good for me, which ended the chat, so I wanted to answer more fully here for you.

In short, if they have rights to get to their property via the pathway of their neighbour, then they will be able to do this and you will not be able to prevent them from carrying the scaffolding this way to do what they intend to do. Also, as you say, they could take tye scaffolding through their house if needs be. You will not be able to prevent this happening.

However, you might be able to stop them taking it through your garden via the accessway, but this depends on the terms of the right of way, which might have been expressly granted for the benefit of all properties to use equally.

Also, even if his neighbour tried to prevent using the accessway, he may have rights under the Access to Neighbouring Land Act 1992 which would require the entitlement to enter through his land to erect scaffolding to maintain an existing structure.

Customer: replied 2 years ago.

I believe that after 20 years I have ownership of my section of the pathway behind my house and, therefore, can give permission to whomever I choose to come through. Am I right

Expert:  tdlawyer replied 2 years ago.

I think you're referring to adverse possession of the land. If so, then yes, as a general rule you can prevent anybody coming over your land, subject to the exceptions that I've mentioned.

Tony

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