I live in a terraced house and have vehicular right of access to the garden at the back by way of a track. Next door have put gates across and have not given me a key. They also have turned the end of the track into a garden putting an increasing number

[JOANNEMAVIN]

ornaments and plants in there. They often completely block the road with there cars so if I wanted vehicular access I couldn't get through anyway. I am worried that after a time that they will be able to claim that the land belongs to them and will try to deny our rights. I don't want to upset them unnecessarily but don't know my rights. Can anyone help?

[mightywease]

Insist on using it - even if it is just to walk through. We have a similar situation where I live but luckily everyone is very accomodating.

[Ankou]

do you have an easement on your deeds ? is it impied access (i.e. for maintenance etc) ?

if you have agreed to these obstructions, fecnes etc then in time it could be argued that you have abandoned your right of way.

if you have an easement you can insist that they remove the things preventing your right of way.

[johnk]

They can only claim it if the land if they have undisturbed occupation of it for 11 years, if you have a car you should politely assert your rights, the longer you leave it the more difficult it will become. Whatever you do is sure to upset them, it depends on how much you want acess.

[PurplePolkadot]

do you own the house? a boundary check may help? if you are renting the house then speak with your landlord as they should know what if any right of way is yours. Just my thoughts .... good luck

[starmack]

Talk to Citizens Advice Bureaux --

Watch, too, for creation of ''adverse'' right of possession to your neighbour over a lengthy period if you decide not to use (or have not used that entrance) that entrance.

Surely there are site maps for each property? The local authority must have these?

Good luck. This is more familiar than you think.

[rowanwitch]

Check the land registry the local council may do it for you as sometimes these little bits of land don't have any registered owner.... this happened where I used to live one of the property owners tried to buy it to deny the other 11 access and because the notices relating to it are often missed they nearly got away with it

[starmack]

....should have added process called "adverse" possession would arise if no registered owner for wee/tiny spot of land...and (maybe) council officials have advised neighbours they could begin the process.......

Jeez, this is so familiar

[rowanwitch]

be prepared for things to get nasty too.....if you make an issue keep an eye out for broken glass, tacks etc tyres are expensive....and we found a sudden increase in punctures once they knew we were contesting the purchase

[evil__sheep]

well, you could always just talk to the neighbours in a nice neighbourly friendly fashion and tell them you would like to continue exercising your rights to access

[PurplePolkadot]

if they were nice neighbourly people they would have been considerate in the first place, i am with rowanwitch on this, check out the land registry and find out your rights, then when you know them you can decide the best way forward, maybe having a chat with them once your fully informed may work but either way you will know where you stand.

[TOMMO33]

I had a similar problem, checked with the Land Registry, and was told that there was no clear indication who owned it, but that it was a right of way, and nobody was entitled to block it. That would obviously include allowing access to it. Perhaps have a word with a Citizens Advice Bureau if you have one handy. If you can establish whether that situation applies, let your neighbours know. It sounds as if they're a nasty bunch. If there is unpleasantness, you can consult the council, but you may have to involve a solicitor.

[R1Geezer]

I'd get an old banger and ram the gates, land grabbing scum.

[dotty.]

So how are you able to use the back door exit from your home?

[dotty.]

Plus, you should check the deeds for sure to see if there is really vehicular access to the properties, I lived in a place like that and there was vehicular access to the rear of most of the terrace but only walking access to the end terraces.

[boxtops]

Have next door only just moved in?

[DEN53]

Get in touch with the Land Registry and get a copy of Title Deed, if you haven't already got a copy. In our last house, we had a similar situation, we lied in a row of 5 houses, with rear vehicle access to our gardens. My next door neighbour (being the end house) decided to put up gates and said the he could close them at anytime, because the right of way was his. I got a copy of the Deed and proved him wrong.

[buildersmate]

If you have an easement written into your Land Registry Register of Title (or in your deeds in the unlikely event that your land is not yet registered at LR) and this easement describes the right of way and the method by which you are entitled to extert the right (e.g. on foot, by vehicle), you have absolutely nothing to worry about. This right cannot be extinguished however long the owner of the land blocks your route.
However it probably is not in your interests to allow this situation to continue for too long, as it may degrade the value of your land (because any future purchaser would have to fight off the recalcitrant neighbour - who by this time could have grown substantial trees or shrubs on the site).
This is nothing to do with adverse possession, position of boundaries between properties.
It is a civil matter between you and your neighbour (assuming the neighbour does own this land over which your easement applies - police, local council will not be interested

[DEN53]

^^lived^^

[Eve]

Buildersmate has given sound advice, others are getting mixed up about accruing rights to land ownership and enforcing existing rights in land. You need to make absolutely sure what rights you have before going about trying to assert them - check on the title to the property (Land Registry printout or title deeds).

One thing occured to me, do you use the rear access with vehicles or at all? Is there private parking elsewhere (or is it even feasible at the rear?). Do the neighbours even know about (or fully understand the concept of) you having right of way and that it is with vehicles?

Is it reasonable for them to want some kind of security (is that what the gates are for or just to prevent access such as yours?) where you could come to a reasonable compromise without infringing your rights?

Have you asked them for a key?

I'd suggest speaking to them in the interim, disputes such as these can get lengthy and often nasty (and expensive) as many people try and dive right in with the legals - not great when it's with next door if it can be helped - when sometimes talking and sorting things out amicably can save a lot of grief.