FAO terraced house occupants (poss legal issue)

cm1179

cm1179

cm1179

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my house is end terrace. next door is a similar house to mine (though 3 bed as opposed to my 2) however next door to them, the house has been converted to a flat, with an older couple (OAP) on the first floor and a couple in their late 20's on the ground floor.
being the end house, i understood that should my neighbour, or their neighbour (the one with shared accomodation) ever require access to their garden (for example they need to get a furniture item to the back of the house and its not practical to do this by going through the house) they are entitled (aslong as they ask) to use the piece of land which runs next to my house (i don't technically own this) come through my garden gate, through my next door neighbours garden gate and then access the shared accomodation this way. this was fine by me as i did not forsee it being a regular occurance (it hasn't happened yet)
however, my neighbour told me on saturday that the people in the shared accomodation had fallen out and the occupants on the ground floor did not want the occupants of the first floor using their communal alley,as it means they walk past their living quarters, so, instead, they are requesting them to use the alley at the side of my house as access instead.
they have not approached me on this, though they have informed my neighbours.
can they do this? to try and picture it. my house is the end terrace, next door to my house is app 1m w stretch of land which runs along side my house (to look at it, it is a part of my drive) with a hedge seperating a double fronted house next door. the shared occupancy house has an alley way between it and my neighbour, they have always used this as it is what is was meant for but as i don't legally own the piece of land next to my house, i feel they think they are within their rights to request this.
can they do this?
 
Tell them to settle their petty squabble like adults instead of inconveniencing others because they can't resolve the issue maturely.
 
All depends what's written on the deeds. We used to live in a end terrace and in the deeds it was written that the paths weren't owned by anybody and everybody had right of way through them even if they went through other people's gardens.
 
^
Got to agree would need a picture to see what situation your in.

Out the back of my house is sheltered accomodation and the end bungalows have to provide access to the middle bungalows when necessary, but then they are council owned so maybe it's different as yours is a privete dwelling.
 
So there is an alley up the side of your house, that goes no where but your neighbours yards and as such you've never bothered fencing it off?

I'd fence it off, unless you own it - are you sure you don't? It may be you own it but there is a covenant that you must allow access for the neighbours, this could have restrictions on it however as clearly it wasn't intended to be used as the main access for your neighbour.
 
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bit of a plan view using my mediocre skills

the red arrow shows how they want to now get access to the rear of their property

the deeds show i (no one does) don't own the land by the side of my property, i knew this.when the sale was going through, my solicitor informed me they can use it but must ask permission
 
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Surely it doesnt matter who owns the land at the side of your property. It's all down to whether they're allowed across your garden...
 
does anybody own the alleyway they would normally use?

If not then I'd tell them to use that, theres nothing the the ground floor people can do about it if nobody owns it.
 
IANAL but if you allow them right of way on your land then I believe you may be accepting liability for their welfare when on your property.
 
No, I would very much imagine that the idea they can come through the garden for the one off funiture moving or something for the garden, well it might not even be a rule you agreed to, just common sense.

But I very very much doubt they have any access and you need to tell the morons downstairs that they CHOSE to live with neighbours above them in the same building. Why should they force them to use another alley, which I assume puts them walking past your windows and able to see you and intrude on your privacy just to save theirs, its pathetic and childish.

Tell them to grow up and if they must, buy some damn curtains.

Even more pathetic is that a couple of 20 year olds want a couple of OAP's who tend to be more frail, to take a longer route to their flat, for their own benefit.

Its perfectly possible the OAP's are complete *****, who complain about them having sex, or something equally stupid or pathetic, who might gawk at them through the window rather than do their best to be unobtrusive. Even so, thats the risk you take when you move into a flat, you can't just expect to move the problem off on your other neighbours.
 
SilverTongue said:
does anybody own the alleyway they would normally use?

If not then I'd tell them to use that, theres nothing the the ground floor people can do about it if nobody owns it.
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It may very well be in the rental agreement that they upstairs residents can use the alleyway. If so the downstairs residents can't do anything to stop them.
 
Start collecting Bear traps & litter your drive with them.


I have to ask though is the path at the back of the terraces Public access ?
If it is you are ******, If it's not then go have a word with the Young'uns & tell them to Grow up & tell the Old Biddys to stop being Awkward.
 
scorza said:
IANAL but if you allow them right of way on your land then I believe you may be accepting liability for their welfare when on your property.
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this is my biggest fear. if one of them goes over and does themselves an injury on my property.

i'm seriously contemplating installing a 2m high gate at the front of the strip of land as i feel i am entitled to do this for security purposes.

surely they can't request this because they have a perfectly acceptable alley they can use?
 
cm1179 said:
this is my biggest fear. if one of them goes over and does themselves an injury on my property.

i'm seriously contemplating installing a 2m high gate at the front of the strip of land as i feel i am entitled to do this for security purposes.

surely they can't request this because they have a perfectly acceptable alley they can use?
Click to expand...

Check with your lawyer, you don't want to be blocking rights of way. Which alley does the mid-terrace house use?
 
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