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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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 shared access between the backs of terraced houses on Mendip and Quantock Road, BS3 are blocked as the residents of 35 Mendip have built a wood store on the back passageway. The residents of 35 are obnoxious so I am loathe to approach them directly. What can I do to resolve this?
thanking you in anticipation
patricia donaghy
one window in my kitchen which is touching so I cannot open it or clean it! She has various plant pots against my wall and making my house damp so my dry goods are spoilt and now smelling damp. I so wanted to get this place sorted to sell as my ex husband has an interest but now she has added value to her property and devalued mine! I’m so very depressed atm! Now having a meeting with the police with my neighbour for resolution! ??. My other neighbour had got involved and sadly has a asbo for trying to protect my rights. The only good side is my neighbour isn’t ranting or slamming her door. Forgot how peaceful things could be but being a single Mum and have had more than my fair share of things to deal with.wanted to be able to move on now I’m working full time! I did hear her rant one eve she was going to make it difficult to move but wasn’t sure at the time if it was just drink talking. I’m feeling very depressed
Literally the police can't do anything, why because it keeps money coming into the same system that kept you in slavery for 400 year's.
The same laws that aloud slavery and the murdered millions of people from Africa to Australia from India to America.
Why isn't there a law to stop people from destroying your peace, your tranquility of living in your home you fell in love with and worked to hard to find the money to pay for it.
We need a permanent law that protects home owner from being victim's of neighbours that lives in the first house in a rank of terrace houses.
Me and my family were surprised to see our neighbor, 2 men, and a woman, bringing in their motorbike through our front gate and through the back garden and into theirs. When we asked them why they are doing this they told us that this is a shared pathway and it always has been so whenever they need to take out their motorbike they can just go through our property whenever they wish without asking us.
I'm living in a council house and they haven't told us before we move about this access share, what can I do about this breach of my privacy, please ?
Thanks
There is Passageway next to my property. My title deed clearly says that I have the full access of the Passageway but the other end property owner has placed a gate and heavy concrete blocks to block my access to the Passageway and claiming the piece of land as his sole property.
I have sent him couple of letters but in each reply he said he won't allow my access to the Passageway.
Can you please advise what should I do to regain my access of the Passageway?
To cap it off we had a verbal agreement that they kept the grass verges on their boundary beat and tidy and I’ll do the entrance to our gate. Now they are refusing to do anything and are refusing to allow me do outside my gate.
Neither party owns the land beyond our boundaries and the owner to the land is deceased. Can you give any advice ?
We have asked the offending neighbour to put this right, but our polite requests have been ignored.
I fear that our landlord may hold us responsible and issue a Section 21. We did not agree to this work, and cannot pay to have it put right. We feel that the neighbour should pay to have her soil and turf removed properly. What can we do?
I am living in a terraced house. There are 4 properties , and my neighbour extend his garden up to the end of his garden including the alleyway and is block my access to the alleyway.
I asked him to move the shed but he didn't yet.
I checked in Land registry and I have a right of legal access to the alleyway.
But He doesn't care.
What I can do in this situation?
Thank you
Advice / thoughts welcome!
My neighbour is either unaware of this problem or refuses to reply and cooperate, as his garden gate is preventing me from accessing the garden of my property.
There is a legal right for residents of both our properties to use the shared access passageway. In addition there are covenants in the title deeds of our properties which determine how the shared access way can be used.
By blocking the shared access way, my neighbour is in breach of these covenants. I believe that I am entitled to seek an injunction to prevent blockage of the access passageway, but his can be very costly.
What is the best way to deal with such a problem?
But after checking on the ordinance map it shows a small alleyway path behind my garden which i have never noticed before today.
My neighbour now wants to reduce my garden and open the communal passage so he can take his bike using this alley way.
He is not reducing his garden, therefore opening back the the communal walkway will not effect his property what so ever, although the alley way runs behind his garden also - where do i stand?
Since new neighbours (occupying the ground floor flat next door) moved in, they have been using our shared entry as an extra room for storage. This includes suitcases, clothes, bikes, pots and pans. On occasion I have even seen pots of food down there and we already have enough rats without encouraging more.
They are a family of 5 (3 adults & 2 small children) living in a one bedroom flat. I appreciate that space must be tight for them but I have absolutely no way of getting into or out of our entry.
Unfortunately they do not speak English very well so I’ve been unable to get them to clear it. I have tried asking the oldest child as he is the most fluent but to no avail. But to be fair he is only approx 9 yrs of age and English is his second language.
Obviously because they are always needing things that are stored in there, they are forever banging around at all hours.
The other issue I have is that a previous tenant put a lock on the door but never gave me a key to it. I don’t want to be a complaining neighbour but I don’t know what choice I have left. I have written to the landlord and am awaiting a reply but I’m not expecting much of a result as I’ve spoken to him in the past and he says he’ll sort it but nothing happens. Where do I go from here? Can you help?
Many thanks ?? AUM
We refused and stated we did not want this concreted, we’ve bought a house with grassed child friendly access and asked if they had permission from the council and all neighbours to do so. They said yes, to which I know for a fact this is not true.
They have now gone ahead and begun works anyway, as soon as they started I asked them to stop work, that we do not agree to this and I have contacted the council - I am awaiting response. They said they would stop and have continued anyway.
One of the houses who want the work done has an illegal outhouse they tell me they wish to park at.
What can I do to stop this?
I have the texts and photos of where work was when I asked them to stop - but once it’s all done surely there is nothing that can be done about it?
My children need to use this access every day to get their bikes in and out to school - I don’t know what to do.
Constantly requesting the car to be moved in the shared turning space has his 3 bins and bags of building rubbish
When asked to move he came round drunk and verbally abusive police called now its happened again advise please
Do they have the right to block the path, in any way? Can they stop a gardener from using the path to reach our garden? Can they stop my son-in-law from removing my old cooker, from my property, via this same path?
Our house is rented however we maintain our garden and in 2006 we had conifers put in to form a privacy fence. We have just noticed that out trees are all now dying as their tops have all been chopped off by the neighbours on the other side of the trees only are left without been chopped as we think they could not reach them but 6/7 have been chopped and are all dying now. we paid a lot of money to plant these trees and we loved our trees as they where doing the job they were meant to do.
We are left shocked and upset what should we do/
Please advise
Shelly
Myself and joinkng neighbors share an accessway at the rear of our property, the access has a secured gate that we all have a key for. There has been a house recently built where the wall to the access is we kindly allowed the owner/builder to use the access way when building, and have sneakily added a gate to access way also. As the access way is visible on all our deeds, does this new house need to have proof of access on deeds in order to share? How do we approach the situation? Please advise.
Thanks in advance
Louise
We have a side and back access road that goes round the back of our terraced houses. Its on the deeds to the house form 1900 that we have rights of way access down the back and out of the side onto the main highway one way road.
There are double yellow lines in front of the access, so people cant park on the road but some local residents are parking their cars in the entry of the access road...
The council say they cant do anything as its not an adopted highway, and the police say they cant do anything as its not a driveway..
We have had heated arguments with various neighbours and need to stop them parking there asap. We want access for bins, kids bikes to get out of the back garden, and the odd tip run, but when people block the side road you cant get anything out...
Any ideas, apart from bollards or big rock which would totally block it for vehicles...?
cheers
I own a property which I usually rent out, however due to divorce I am selling the property. It is a semi detached house, with a driveway at the side. The neighbours driveway runs right across the front of my property’s front garden
I have had a few people like it but don’t like the way next doors driveway runs right across the front of my property, as the neighbour parks his car, on his driveway, but right in front of my property’s living room window.
Is there any law to say he cannot park right outside my property’s window and blocking the view? Even though it’s his driveway ????.
Thanks
Can the tenant be told to clear the access and by how much clearance?
I have with little response, asked the landlord to take action but if done, the situation is now getting worse by tems being placed nearer the stairs. Where do I stand with this? Many thanks for your attention to the above.
I wouldn't have been too bothered if they had the common decency to ask me first if it was ok to park there temporarily but they haven't bothered so I'm a bit disappointed. I'd like to nip the inconsiderate double parking out quickly and appreciate any words of advice or wisdom before doing so.
Because I am disabled I requested permission to make a hardstanding to enable me direct access to my car, as it’s approx 70ft from footpath and main road to my front door. This was agreed and the council replaced the damaged 2 rows of our slabs and the one row for next door (their other row had been grown over by their lawn ) .since this day the neighbours family park on the new driveway which council have declared access only to our hardstanding ...they constantly block us and we have had to involve police due to neighbours grandson running me over with his car which he was washing and ignored my requests to move...since then they had had visits and letters all they still repeatedly block us ...I have contacted council asking for boundary to reinstate the fence (at our cost) and it’s taking forever I just want to divide the access only driveway and prevent any more hostility. But they are having problems as the land these houses were built on was bought by the council as a “Lot” and there were no official boundaries just a large plot ...
I was hoping to get some advice. We have just bought a property and want to refurbish. As part of our plans we want to add a toilet to our bathroom and one to the ensuite in the master bedroom. Both rooms are on the right side of the property which is a detached house and the waste pipe is an open pipe that is going into an open gully and into the manhole in our neighbour's garden on the right. the open gully system is also causing rising damp on the right side of the house. (currently all our toilet is downstairs on left side of the house).
Our neighbour does not want to allow us access to do this. They are saying that its their manhole and therefore we arent allowed to do anything. They also dont want us to do any refurbishment to the property because they are worried that we will sell up after we refurbish and that the advised 4 inch pipes we need are "ugly". We feel the latter points are unreasonable. There is clear damage happening to our property. Not to mention the rodents that are coming into our house through the pipe. We are unable to connect to our own waste pipes/manhole as they are on the left side of the house.
Our property and the other 4 on our street are exactly the same and each neighbours waste from the right is directed to the neighbour's manhole. So we are carrying next door's waste and so on.
I have checked with Thames water and the current connection is definitely incorrect. But can our neighbours stop us updating the current system. They are suggesting we plumb the waste through our house. and that we should move the existing pipes all together even though they have been there for decades.
Any advice would be much appreciated.
Thanks
Due to this construction I am unable to access the side of my building for maintenance etc. Does the law treat this matter in the same way as overhanging branches ? Am I within my rights to dig up the posts and remove the obstructing fence from my land?
3 years ago new people moved in with small kids and asked us to remove the bins as the wanted to use the side door access as they had a pushchair. We obliged.
Recently they have used the area many times for storing wood/ plaster board etc as they have been doing up the home. We have never complained. This doesn't seem to stop them using the pushchair.
A few times we have left some things in the alley. Mostly just a gardening waste bag so its out of the rain. Every single times it has been dragged out of the alley and left in the open.
I have today put it back in the alley with a note asking for it not be moved.
If they move it again what is our best course of action?
He doesn't live at the property. Has several tenants, I cannt access my garden gate .asked solicitors to help, written my neighbours many letters. I've not been able to resolve the matter.regards
property at the rear of his home. The two next door neighbours are parking outside of
their garages as they claim this is their land. However they are blocking my
fathers access, so he is unable drive out of his property as they are blocking
him in. We are keen to get this matter resolved and the citizens advise
beau have provided us wither details in order to assist.
I have sent a letter asking him to remove old cars & barriers but he has not acknowledged it, what are my options moving forward?
My neighbor did not ask me if he could block my access. They think it is totally fine to have there gate open into the drive. I have asked builders and they have said it is wrong.
The pump has not worked for years as it has not been maintained.. we have only owned the house a year.
How do i stand on surley therefore my neighbours dont have a right at the moment to access my garden as the well does not even work anymore?
My neighbour has shared access to his property via a side passage way.en route he has access to my back garden .
However, I feel he may be abusing the legal right of way in the form of indirect harassment.
This type of harassment is / has been ignored by the authorities but the local council has taken note of the neighbors behaviour with regards to trespassing / boundaries.
Further, the lack of privacy & intrusive behaviour preventing garden maintenance is becoming a problem/ nuisance.
Any advice is welcome.
My title deeds show I must provide access to my neighbour. Currently there is a gate which allows access into my back garden.
My new design involves a fence which will enclose my garden but allow access behind the fence.
Am I still meeting the conditions of allowing access
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