# Neighbour wants to buy land blocking access.



## MichaelDonal (25 Mar 2016)

I live in a terraced house with back lane access. This lane runs across the back of a few houses before terminating at my house. I have no other back access to the house. 

Our neighbour had applied to purchase the lane section behind their house which would mean we would no longer have access to the lane. Having this access was part of the reason i bought the house and i've recently renovated the garden, the layout of this was dictated by maintaining access to this Lane. 

I have got a letter about it and can object but am paranoid about this somehow still going ahead despite my objections. 

Just looking for (hopefully) reassurance that this can't proceed if  I object. It would adversely affect the resale price of my house as it would remove one of the selling points as well as meaning the gate I've bought would go nowhere! 

I'm going to send my objection letter in ASAP.  Anyone else experienced anything like this? Should I be worried / contacting a solicitor or should the objection letter be enough? 

I would be pretty much the only neighbour affected. 

Thanks 

Michael


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## monagt (26 Mar 2016)

Purchase lane section, from WHO?        Letter from WHO?         Object to WHO?

Does Right of Way exist?

If it will affect the value of our property then see a solicitor ASAP.


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## Gerard123 (26 Mar 2016)

Given how important this is, if it was me, I would get a solicitor involved, to ensure that you don't make a mistake or trip up on a technicality.  

If you are the only neighbour involved then is it your next door neighbour? 

I would also talk to the neighbour, highlight the importance of the lane way to you, and explain that unfortunately you need to have access to the back. Cite the garden works as an example.  Let them know you are objecting formally. So they can't ask you why you didn't talk to them first.
While you don't need to talk of course it may help with smoothing the tension and risk of fall out with the neighbour.  

Under no circumstances allow yourself to be talked into it, eg if you need garden access you can always come through our, ie neighbours, garden.   All well perhaps while they live there but what happens if they sell.  

Finally, there is of course a value issue, though probably hard to quantify exactly.  It lies in the appeal of your house.  Eg two identical houses, the one with lane access to the back garden would appeal to more people.


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## Brendan Burgess (26 Mar 2016)

Surely a few of you must be affected by this? 

Why don't you all sit down and discuss it? 

Some may want the lane closed off for security purposes and would be delighted to extend their back garden by the width of the lane. 

Brendan


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## MichaelDonal (26 Mar 2016)

The letter is from Dublin council saying that if I don't reply they'll assume that I have no objections and that the purchase can proceed.

The lane ends at my house, runs along the back of two other houses and then out onto the main road. Theres already a security gate blocking street access and residents have a key to this gate.

This is my immediate neighbour so if they block this Lane then the neighbours on their other side aren't affected much but I am because they are a semi-detached while I'm terraced.  In fact all other houses are semi-detached except mine. 

Regarding the resale value and appeal of the house, I can only say it was one of the defining reasons we bought the house over another house that was similar but had no access.

We have a few days to reply to the letter and will do so right away but I am annoyed the neighbour never asked us to discuss this and the first I heard was this letter.


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## Brendan Burgess (26 Mar 2016)

Talk to your neighbour about it. Tell him that you use the lane. 

I doubt if the Council could sell it to him .

I doubt if you could lose your right of way. 

But you do need to check with a solicitor just in case it goes through by default, incompetence or fraud.

Brendan


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## MichaelDonal (26 Mar 2016)

Brendan Burgess said:


> Talk to your neighbour about it. Tell him that you use the lane.
> 
> I doubt if the Council could sell it to him .
> 
> ...



Thanks Brendan, my feeling is that they can't just buy the land without considering us but it's always a worry with these things. I'm going to send our reply via registered post and call them as well. Not letting this slip through any gap.


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## Gerard123 (26 Mar 2016)

Neighbours!  Sounds like they showed you little respect by seeking to do this without speaking with you, perhaps they figured you as the silent or quiet type who might not object for an easy life?  Depending on your relationship I might be inclined to object and say nothing directly to them for now, let them hear back from the council the way you heard. Might send a clear message.  Sometimes unfortunately this type of approach is needed with neighbours.  

Though as next door neighbours I would be careful as things like noise, etc, can be used.  Probably I would still lean towards mentioning it to them, though you know your neighbours best and can decide the best tactic.


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## MichaelDonal (26 Mar 2016)

Gerard123 said:


> Neighbours!  Sounds like they showed you little respect by seeking to do this without speaking with you, perhaps they figured you as the silent or quiet type who might not object for an easy life?  Depending on your relationship I might be inclined to object and say nothing directly to them for now, let them hear back from the council the way you heard. Might send a clear message.  Sometimes unfortunately this type of approach is needed with neighbours.
> 
> Though as next door neighbours I would be careful as things like noise, etc, can be used.  Probably I would still lean towards mentioning it to them, though you know your neighbours best and can decide the best tactic.



Thanks Gerard, think I'll just respond in kind, via the council. Is a pity though, I thought they would have come to us with this before going directly to the council.


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## Dr.Debt (26 Mar 2016)

Theres quite a few things in the OPs post that i dont really get. Ownership of a lane is one thing.A right of way to use the lane is something else. Just because someone buys the lane doesn't necessarily mean that they can block your access. From what you tell us its very possible that you have acquired right-of-way rights over the lane through useage over a number of years. Check your title deeds or ask your solicitor to check them and to give you advice.


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## MichaelDonal (26 Mar 2016)

Dr.Debt said:


> Theres quite a few things in the OPs post that i dont really get. Ownership of a lane is one thing.A right of way to use the lane is something else. Just because someone buys the lane doesn't necessarily mean that they can block your access. From what you tell us its very possible that you have acquired right-of-way rights over the lane through useage over a number of years. Check your title deeds or ask your solicitor to check them and to give you advice.



I believe they want to expand their back garden into the area that the lane currently occupies. It's odd cause the lane is, at most, maybe 3 feet wide. The lane was part of the original housing terrace, there are multiple similar in the area and so I don't know about right-of-way but I would imagine the fact that it has been there as long as the houses should count for something. We've been in the house 10 years and have upgraded our gate into the lane and use it when bringing items in that we don't want to bring in though the house.


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