right of way to rear of house

[cookie11]

hi,
does anyone know how wide i have to leave a right of way to rear of my house, this is for vehicle access too. this is for a new build & also for a 150yr terraced house .
i live in the old terraced house which has vehicle access to another 6 houses on the row & as mine is the first end terrace i had some spare land which i build onto my house thus making my house now a mid terrace & that the new end terrace(i think you get the jist).
i have a bitch of a neighbour who refuses to reverse or turn her car round on her own land but keeps on using my land to turn round on & she has made my life hell while i have been building.
is there a set minimum width i have to leave.
also on my deeds it only shows access not manovering area.
thanks
ps i'm in yorkshire if that makes any difference.

 

[big-all]

its your land fence it off and only leave the required space no more

if the space is very tight on the corner and very difficult to swing round you may consider rounding off the corner of the plot as a concession to ease the situation but previously using your land doesn't allow them to use it now

 

[cookie11]

can i ask, are you in way anything to do with planning , legal etc.
im only asking because i feel like doing just that but have had soliciters letters complaining about the scaffolding when it was being built.
i am going to round the wall i am building to make it easier for my neighbours to manover , i get on with most of them.

 

[big-all]

no it is simply my opinion

the scaffolding is another matter if its not fully on your land [on the access portion] and making driving awkward then any comments are legitimate but open to normal negotiations

 

[TheVictorian]

If it is your land then it is your land, do what you want with it!

 

[big-all]

as an aside my right off way is via next doors garden and it states in the deed
that the right off way is via a strip 2ft 6" along the side and back elevation on foot only

uses big words like curtilage and where upon but you get the gist

 

[cookie11]

where would i find the width of the right of way that i have to leave clear.
thanks

 

[StephenW]

You'll probably need to look in your deeds and in your neighbours' deeds to see what type of Right of Way they have - it might be by foot or it might be vehicular and it might specify or indicate in a diagram any dimensions.
As well as this forum, you might want to look at www.gardenlaw.co.uk where all these sort of things are discussed with a whole range of experts.

 

[cookie11]

its vehicle access, but where i've built the only sort of plan is just an enterance & an exit thru my land drawn freehand i think it was done in the 50's. there is no turning circle on the deeds just a right of way.
what i am trying to find out how wide this right of way needs to be.
thanks.

 

[^woody^]

Are you saying that the right of way is on your land, or is it at the end of your land?

 

[cookie11]

Yes it goes thru my land.

 

[mattylad]

IMO the most important question here is "What does it say in your deeds"?

Both yours and your neighbours.

You used to be able to pay a fee and download them but looking here it looks like you can only order them by post now.

What it says in the deeds is of paramount importance, if your neighbours deeds do not mention the ROW or indicate restrictions within it then that is what matters.

If a ROW says it is by foot and barrow then it does not mean it gives vehicular rights.

If your ROW is only 2'6 " and it is the same path/area then it is likely that theirs is the same - but this must be checked by reading both sets of deeds.

A ROW gives the right to pass and repass - come and go but not to stop, not to use other land for turning.
Tell this neighbor she must stop using your land like this, put some large painted rocks along the borders of the ROW on your land.

A temporary obstruction like scaffolding when necessary works are being done is unlikely to be anything anyone can do owt about as they would have to take you to court and by then it would likely be gone.

I am not a lawyer or in the business however have read a lot of the posts on Gardenlaw

 

[cookie11]

the wording on the land registry says " EXCEPT & RESERVING In fee simple right of way for all purposes for the owners & occupiers of numbers 62,64,66,68 & 74 aforsaid over the driveway.

my luck they live at number 74.

i'm not wanting to stop the right of way just restrict them to accessing their house & not using my land for a turning circle

 

[SimonH2]

If there's no specific width mentioned, then work out where the natural edge of the 'roadway' is and bung in some concrete fence posts. Just do it quickly while the neighbours are out, and use reasonably quick setting concrete.
Then it's fait acompli and they'd have to demonstrate that you'd made it impossible for them to have reasonable access. If they kick up a fuss, tell them they'll have to sue you, they'll lose, and then pay your costs. IMO, 8 to 9 feet should be adequate - a standard shipping container is 8 feet wide, so 9 feet will mean any reasonable vehicle can get in and out. If you made it (say) 6 foot then they could argue they couldn't get anything larger than a car through - certainly not (say) a small removals truck.

Once the fence posts are there, it is a criminal offence for anyone (apart from you, or someone you authorise) to interfere with them. I've heard of this being used very effectively to persuade traveller to leave a site - the land owner simply started planting posts every 4 foot (ie narrower than any of their vehicles) while a constable looked on to make sure no criminal damage took place, and apparently the travellers had packed up and left before the posts blocked the site off !

Also, you could point out to your neighbour that since you have expressly told her not to use your land for turning, it now becomes (I think) aggravated trespass which is a criminal offence (trespass is normally a civil tort).

IANAL, so I'd suggest getting a qualified opinion before acting on any of this.


However, it is far better if you can settle this by discussion and negotiation. If people think you've "pulled a fast one" or "got away" with some wrong, then the bad feeling can drag on for years or escalate into really bad news.

 

[HERTS P&D]

Fit some of these on your 'turning circle'.

http://www.ebay.co.uk/itm/100mm-ANT...ltDomain_3&hash=item337359039b#ht_1081wt_1037

Andy