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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 280
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My neighbour has access rights across land at the rear of

Customer Question

My neighbour has access rights across land at the rear of our property to his back yard. 30 years ago there were two garages there but the were knocked down, he built a garage with a drive at the front of his house. He erected a fence with a car width gate in it.
10 years ago they took the fence down, and sometimes park at the back of their house.
Our parking is also at the rear on our land
A conveyance attached to our deeds says we have to allow reasonable access .
He is claiming we cannot park anywhere that blocks the access to where both his garages used to be next to each other but when we park the car protrudes a few feet into that area.
What is his actual right and could I rebuild the same fence with fate that was there before ??
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.

Hi Steve

Can your neighbour access his land at all with you parking on your land?

Does the right in the deeds specifically refer to access to use the two garages?

Does the right refer to vehicular access?

If not and if the neighbour can still access his land when you are parked on your land it will be down to your neighbour to establish you are unreasonably obstructing the right of access.

Unless the right is specific then I think your neighbour's argument is weak.

Do you have any further questions?

Please accept my answer and I'll be happy to answer any further questions you have.

Kind regards

Customer: replied 1 year ago.
it is vehicular access
The gap across the yard to his land is approx 20 ft across of which my car comes across 5 ft.
His argument is he wants to park at the far side of the gap where one of the garages used to be.... The issue is he squeezes in and gas bumped my car although does not admit it ...
My deeds just refer to ' reasonable access' but he wants access as if two garages were still there which I see as unreasonable.Could I put a fence up but leave gates with plenty of room for a car? The access road is a normal road width around the other neighbours house but widens out at my land to a double width, originally to access the two garages ( they are ex coal board houses and originally there were three garages. The two neighbours now have separate garages and mine is still there.
The neighbour with access bought two originally from coal board but they have not been there for 30 years but are still on his deeds he says ...?
Expert:  propertylawyer replied 1 year ago.

Do you have an electronic copy of the deeds which you can attach for me to read?

Customer: replied 1 year ago.
Did you receive the deeds document attached ?
Expert:  propertylawyer replied 1 year ago.

Hi Steve

There is nothing in your deeds stating how much access you have to give your neighbour. If you can install a fence leaving reasonable access then I cannot see what your neighbour can say about it. The right on his deeds will be similar, you can buy them from the Land Registry to establish this.

You neighbour only has the right specified. There is no specific right for a 20ft wide access to be given. It also does not say that you have to provide sufficient access to allow him to park where he wants to.

You could erect a fence if it leaves reasonable access then you are not doing anything inconsistent or contrary to the rights in the deeds.

Customer: replied 1 year ago.
Thank you.
I think the conveyance from 1986 refers to allowing reasonable access. I will order another copy.
The land registry do not hold a copy of neighbours deeds.
Expert:  propertylawyer replied 1 year ago.

I can take a look at the 86 conveyance/transfer if you get a copy.

The neighbour 's land is then unregistered.

propertylawyer and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
86 conveyance attached
Customer: replied 1 year ago.
won't let me add file
Expert:  propertylawyer replied 1 year ago.

Can you add it via the paperclip?

Customer: replied 1 year ago.
has that worked this time ?
Customer: replied 1 year ago.
Don't seem to be any other documents held

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