Ask a Law Question, Get an Answer ASAP!
I live in a terraced property built in 1909. We have access to the rear of our property (including barrow rights according to our deeds) via a passageway from the road, down the side and across the rear of my neighbour's property. He has tried to make it difficult for us to use this access, including having dogs running free etc. Recently, he has built a 7' high fence set to an angle from our rear gate, which restricts the gap at one point to 730mm between fence and his property wall. This would make it almost impossible to have furniture, and other goods such as washing machines etc. to be delivered to our rear door. The access down the passageway between the houses is 900mm. Should this width not be kept as a minimum? Thanks
Apologies for my late reply, but have been called in to work unexpectedly, so this from my office.
It's been done intentionally in my opinion, but obviously this would not be proven. He has 5 dogs and would probably claim it was to keep them enclosed.
Since they first moved in some 8 years ago, they have tried to get us to use our front door. When we complain about their dogs jumping up at us and barking when we use the right of way, their reply is "Use your front door then". Then we get the usual "Get off my f****** property"
I can't get the exact wording from the deeds until this evening when I get home, but it does mention that we have easements and quasi-easements and barrow way.
The 7ft high fence looks an eyesore as it goes at about 45 degrees from our gatepost, making the narrowest part 730mm. The width of our right of way between the houses to access the rear is 900mm.
My concern generally is the restricted width of access (730mm). Was unrestricted as such previously.
Just hanging on whilst I can get to my deeds in around an hours time if that's ok Jo.
This statement pops up in most of the documents I have relating to the deeds etc. This is from the Vesting Assent:
'The property comprised in this Assent is vested in the Tenant for life together with all such rights of way light easements or quasi-easements as are at present used and enjoyed between the property the subject of this assent and the adjoining property*****(we are number 13) aforesaid and in particular the right of foot and barrow way over the side and rear of the said adjoining property to afford access to the property the subject of this Assent'
This was dated 1959 when the house was inherited by a relative of the deceased owner.
There are no given measurements for the right of way.
Will give you rating after your reply, but have to go out now and not back until 11.30 pm.
Think I may have to get further advice on this, as the way the fence is angled, easy access with a wheelbarrow may not be possible.
Than kyou for giving your attention to my problem.