Hi there,
I was wondering if anyone could help me out with this. Have included a diagram for those more visual!
I recently purchased a terrace house (B) that shares a right of way access with A. We have normal access to our terraces via a street facing front door, and also each have a side access to our gardens (which are fully fenced with high metal panelling). We both use the right of way for our rubbish bins, and it is where our hot water/internet services are. We are the only homeowners that use this right of way, however this right of way has not been registered to either of our properties.
This right of way extends to the back of my garden fence, and meets terrace C at about a 50cm gap. Now the interesting bit here is that:
Questions:
Thanks for your time!
Cheers, Pete
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I was wondering if anyone could help me out with this. Have included a diagram for those more visual!
I recently purchased a terrace house (B) that shares a right of way access with A. We have normal access to our terraces via a street facing front door, and also each have a side access to our gardens (which are fully fenced with high metal panelling). We both use the right of way for our rubbish bins, and it is where our hot water/internet services are. We are the only homeowners that use this right of way, however this right of way has not been registered to either of our properties.
This right of way extends to the back of my garden fence, and meets terrace C at about a 50cm gap. Now the interesting bit here is that:
1) The owners of terrace C did not previously have access to this space up until recently where they started squeezing through a gap in their side wall and using the space behind my terrace for storage and
2) The reason they have done this is that I cannot access this space to the back of my terrace as there is a high gate blocking the way that can only be opened from the inside (i.e. by owners of C). I now realise that this one-way gate was from the previous owners of B when their garden fence went all the way back so they must have previously "claimed" the right of way behind B.
The right of way also extends behind my neighbour's (A) property as well, however the property next to them does not have access to this right of way as it is fully fenced off so it just comes to a dead end.2) The reason they have done this is that I cannot access this space to the back of my terrace as there is a high gate blocking the way that can only be opened from the inside (i.e. by owners of C). I now realise that this one-way gate was from the previous owners of B when their garden fence went all the way back so they must have previously "claimed" the right of way behind B.
Questions:
1) Does C have legal right to use the right of way? If so, how do I find this out?
2) How am I able to submit a joint/shared registration with my neighbour A for the right of way, and would this be a "prescriptive easement" (as we both have exactly equal access, neither are the "dominant" nor "servient" estates)
2) How am I able to submit a joint/shared registration with my neighbour A for the right of way, and would this be a "prescriptive easement" (as we both have exactly equal access, neither are the "dominant" nor "servient" estates)
Thanks for your time!
Cheers, Pete
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