My neighbour is blocking our shared rear access

20 MAY 2025 12:20

Q) My neighbour is blocking our shared rear access, what can I do?

- Firstly, you need to check your deeds to understand what your rights are in relation to the access. Specifically in relation to whether you have an express right of way.

The easiest way of checking this is to download a copy of your property’s title from the Land Registry. If your property is unregistered you need to consult your bundle of title deeds.

An express right of way is a legally binding agreement, usually documented in writing by way of a deed. It grants a property owner the right to pass through another parcel of land. Express rights of way are usually contained in a deed registered at the Land Registry.

Occasionally, deeds aren’t registered and it is worth checking all paperwork you hold in relation to your property.

Where there is no express right of way, it is possible for implied rights of way to exist. Implied rights of way can be created by necessity (where there is no other way to access the property), by common intention (where both parties agreed but have not recorded that agreement anywhere), under the rule in Wheeldon v Burrows (where they are necessary for the enjoyment of your land and the land was at one time in common ownership with the land over which the right is enjoyed) and section 62 Law of Property Act 1925.

Alternatively, a right of way can be acquired through prescription or long use. To demonstrate you have a prescriptive right of way you must show that there has been 20 years’ continuous use or enjoyment ‘as of right’. The use of the right of way must have been without force, secrecy or permission.

Any claim to re-instate a right of way by prescription needs to be brought within one year and one day of the interruption.

Once you have a better understanding of the legal basis of the right of way, you can write to your neighbour setting out the legal position and asking them to unblock the access.

If the access remains blocked you can make an application to the Court for an order re-instating the right of way and an injunction preventing further interference. You may also be entitled to damages if the blocking of the access is found to have caused you loss.

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