Letter Template: Neighbour Blocking Shared Access Way

Your Rights Over a Shared Access Way

This guide covers the law in England and Wales. Scotland and Northern Ireland have separate property law and land registration systems, so check guidance that applies where you live. In Scotland, private access rights are usually known as servitudes.

Shared access ways are common, especially with older terraced houses. They can be narrow passages between buildings, paths running across the backs of gardens, or private lanes serving several properties. Some rights cover people on foot only, while others include vehicles.

Your rights will usually be set out in your title deeds. Some rights are broadly worded, while others are limited to particular uses, such as access on foot or access to a garage. The exact wording and circumstances matter. A right to pass does not ordinarily include a right to park or leave items on the route.

You can usually obtain the title register and title plan for a registered property from HM Land Registry. Check GOV.UK for the current fee. Not every property is registered, and these documents are not copies of the original deeds. If the register refers to another deed containing the right of way, such as a transfer or conveyance, you may need a copy of that document too. The title plan alone may not show the full details. Look for words such as "easement", "right of way" or "together with the right to pass".

Some rights can arise without an express grant in the deeds, for example through long use. Equally, informal permission to use a passage does not necessarily create a permanent right. If the paperwork is silent or unclear, take advice from a property solicitor or licensed conveyancer rather than assuming that no right exists.

Shared use does not necessarily mean shared ownership. Find out who owns the land, because a landlord, freeholder or managing agent may need to be involved.

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Obstructions and First Steps

Typical problems include:

• wheelie bins left in the passage rather than returned after collection
• parked cars, vans or trailers
• bikes, garden furniture or children's toys
• building materials or rubbish from home improvement work
• new gates, fences or locks that restrict entry
• overgrown plants or hedges

The key question is generally whether the obstruction substantially interferes with the reasonable exercise of your right of way. Not every inconvenience amounts to unlawful interference. The nature, duration and practical effect of the obstruction all matter, and being able to get past it does not necessarily settle the issue.

Do not damage locks, remove gates or dispose of a neighbour's belongings without taking advice first.

If you feel safe doing so, start with a friendly conversation, as your neighbour may not realise there is a problem. Keep a dated record of each obstruction, with photographs. If talking doesn't work or isn't possible, a polite letter puts your concerns in writing.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Letter Template

Only state that you have a right of way if your documents support it. Quote the relevant wording or enclose a copy of the extract. The deadline you set is your own choice, not a legal requirement. A bin can usually be moved within days, while 14 days may suit a fuller response. If you have lost access entirely and need it urgently, take legal advice promptly. Keep a copy of the letter.

[Your name]
[Your address]
[Date]

Dear [Neighbour's name],

I am writing about the shared access way between our properties at [describe location].

The title documents for my property give me a right of way over this access for [quote or summarise the wording]. Recently the access has been obstructed by [describe the obstruction], on [give dates if known]. This has made it difficult for me to [explain the effect].

I would be grateful if you could keep the access clear from now on. If [the item] needs to be stored nearby, I'm happy to talk about an arrangement that works for both of us.

I hope we can resolve this informally, so please let me know if you would like to discuss it. I would appreciate the access being cleared by [give a reasonable date].

Yours sincerely,

[Your name]

If the Problem Continues

Consider mediation. A trained, neutral mediator can help both sides reach an agreement, and it can be cheaper and quicker than court proceedings. Some councils can point you to community mediation services, and the Civil Mediation Council lists accredited providers. Mediation may not be suitable where there is intimidation. If a case reaches court, unreasonably refusing to try appropriate dispute resolution can affect who pays the costs.

Police do not normally resolve disputes about private access rights, but contact them if there are threats, harassment, violence, criminal damage or an immediate danger.

If the route is a public right of way, contact the relevant highway authority or your council's rights of way team. A route can carry both private and public rights.

Where the obstruction is serious or ongoing, a solicitor can send a formal letter on your behalf. As a last resort, a court may grant an injunction, award damages or both, depending on the circumstances. Legal costs can be substantial, and you may be ordered to contribute to the other side's costs.

Citizens Advice offers free guidance on neighbour disputes. Some home insurance policies include legal expenses cover. Contact your insurer before paying for legal help, as cover may require prior approval.

Keep copies of all correspondence and a dated record of obstructions. These may help a mediator, solicitor or court understand the dispute.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Neighbour Rights Checker lets you check your legal rights in any neighbour dispute. Takes 1 minute. Try it now →