lolly5
Member
- Messages
- 9
- Location
- west sussex
We live in a grade II listed terraced property. When built in 1904 there should have been 5 houses but the architect Adshead ran out of money and only built 4. This meant that the access to the gardens for the middle terrace occupants ended up down the side of the 4th house.
The right of way allows us all rights to pass up the drive at the side of our neighbour's house ( this is the fourth house mentioned and the right of way is 8 feet in width ) to the back of their garden and is for both pedestrian and vehicular. At the back of their garden and to the right of ours is the remaining piece of the right of way. This is on our deeds and not shown on theirs at all.
We share all of the right of way with our neighbours the other side ( they are also in the 'trapped' terrace ), although they tend not to use it.
We cannot find a registered owner to this last small piece of land.
Our problem is the neighbours are parking their cars across the right of way which runs through the centre of their garden and they say that we have to ask permission to cross it by knocking on their door and asking them to move their cars every time we want to use the right of way. On the second section they have placed their wheelie bin and other garden stuff and refuse to move it saying our right of way is a piece of common land.
We think this is terribly unfair - the whole of the right of way is on our deeds and only the first part is on theirs. Because the second part of the right of way is at the bottom of their garden and not enclosed we think they feel that it ought to belong to them - maybe they're trying to claim it by pulling up the weeds and leaving their things on it.
They say that cars and wheelie bins are not obstructions.
We can't find a definite statement about what is and is not an obstruction.
Also they say we cannot touch their property unless we move it to get access and then put it back again.
We don't want to fall out, they've only been here a few months and we have always got on well with our neighbours, but we aren't being allowed to exrecize our rights fully. We are very solicitous and have respected their privacy as much as we can, but we need to dispose of garden rubbish in this way and use this way after a bike ride and to carry heavy items out to the car.
Does anyone have any comments or helpful suggestions please ?
The right of way allows us all rights to pass up the drive at the side of our neighbour's house ( this is the fourth house mentioned and the right of way is 8 feet in width ) to the back of their garden and is for both pedestrian and vehicular. At the back of their garden and to the right of ours is the remaining piece of the right of way. This is on our deeds and not shown on theirs at all.
We share all of the right of way with our neighbours the other side ( they are also in the 'trapped' terrace ), although they tend not to use it.
We cannot find a registered owner to this last small piece of land.
Our problem is the neighbours are parking their cars across the right of way which runs through the centre of their garden and they say that we have to ask permission to cross it by knocking on their door and asking them to move their cars every time we want to use the right of way. On the second section they have placed their wheelie bin and other garden stuff and refuse to move it saying our right of way is a piece of common land.
We think this is terribly unfair - the whole of the right of way is on our deeds and only the first part is on theirs. Because the second part of the right of way is at the bottom of their garden and not enclosed we think they feel that it ought to belong to them - maybe they're trying to claim it by pulling up the weeds and leaving their things on it.
They say that cars and wheelie bins are not obstructions.
We can't find a definite statement about what is and is not an obstruction.
Also they say we cannot touch their property unless we move it to get access and then put it back again.
We don't want to fall out, they've only been here a few months and we have always got on well with our neighbours, but we aren't being allowed to exrecize our rights fully. We are very solicitous and have respected their privacy as much as we can, but we need to dispose of garden rubbish in this way and use this way after a bike ride and to carry heavy items out to the car.
Does anyone have any comments or helpful suggestions please ?