Boundaries and access to my back garden via my neighbour's garden

[Hemibr 10]

Then you need to access the deeds in the first instance as your rights or lack of will be clearly set out. The key term to look for is "easement" - the right of access over land not belonging to the property or similar.

 

A drawn boundary may not tell the full story if one of these clauses apply.

[Cyclone 10]

Hi thankyou all for your replies and advice, firstly there was a gate on my back garden but they my neighbours had a fall out with the tenants who was here before me so they effected a fence, also there argument was they didn't want my kids using the gate as access to and from the garden, I have no access off the garden what so ever not even the bottom as I will end up on deerlands avenue. Also the daugher has bought her house so I cannot swap houses. When I say I am at my wits end I mean I am at my wits end, I am riddled in arthritis and I cannot do my windows myself, also when I had had work done and I will be having a new lawn this summer I have had to let the workers through my house onto the back garden, as there is no way of them getting round the back unless the neighbours are in and can lift the heavy duty home made fence panels up, I have had a inspector out and he agrees

That its health and safety, if there was a fire and I could get onto the back garden with my family and pets the fire service cannot gt round to the back to extinguish the flames, also my house insurance and life insurance is affected as there is no access for the ambulance or fire screw from the back, injust wanted to know if anyone has had any experience from what I am going through and have had any ideas as it does look like i will have to take hem to court, having a closed in garden does have it's advantages but to know my life and families lives don't matter to the neighbours whether we burn in a fire or not isn't quite a nice thought that I'm left thinking about, as for someone saying how do I know what's in the deeds I don't know, the council never told me my neighbour did but showed me no proof and the case was closed, all i want is a access for health and safety, also if need work doing to the garden and it would be nice to hide my bins on the back garden rather then have a eye sore on the front garden and my son to take his bike round the back and not through my house as he has had his bike stolen 4 times

 

I don't think this whole H&S angle will go anywhere at all, as already mentioned it's not uncommon for houses to have closed in rear gardens, it's certainly not something ruled out by planning laws or building regulations.

[Jeffrey Shaw 90]

True answer: if the OP's house is still owned by SCC, the title deeds will almost certainly not show it individually. SCC bought great swathes of land way before:

a. the houses were built; and

b. a purchase triggered registration of title (Nov. 1970, in most of Sheffield). [NB: Mosborough/Halfway areas are registered].

 

Plus the sale of next door (to 'N') cannot interfere with OP's existing rights as tenant. Consequently, nothing in the conveyance to N can invent previously non-existent rights of access that never bound OP's property before. The only easements created would merely reflect the pre-existing tenancies' rights.

 

To verify the position, OP needs to contact HMLR and buy a copy of the conveyance to N. It ought to be filed against the registered title to N's house. Start with N's title register which will mention the conveyance. http://www.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ3cjfXD9aPwKzGEKjDAARwN9P088nNT9Quys9McHRUVAeNZHlQ!/dl4/d5/L2dJQSEvUUt3QS80SmtFL1o2XzMyODQxMTQySDgzNjcwSTVGRzMxVDUzMDgy/

Edited February 13, 2012 by Jeffrey Shaw