42. Prevented access to the property

Prevented access to the property or complaints about, and demands for payment for access to the property, can arise due to various factors, including disputes over rights of way, boundary encroachments, or unauthorised obstructions obstructing access routes.

Prevented access to the property 

• Disputes over rights of way: Access to a property may be impeded if there are disputes over rights of way or access routes across neighbouring properties. If the property relies on a right of way over land owned by another party, disagreements or restrictions imposed by the landowner could prevent access to the property. 
• Boundary disputes: Boundary disputes between neighbouring landowners may result in access restrictions if there are disagreements over the location or extent of property boundaries. Fence encroachments, unauthorised barriers, or obstructions erected along the property boundary may hinder access and require resolution. 
• Obstructions or blocked access routes: Physical obstructions such as fallen trees, debris, or unauthorised structures blocking access routes to the property can prevent entry or exit. Maintenance issues, neglect, or deliberate actions by neighbouring landowners may contribute to access restrictions. 

Complaints about or demands for payment for access 

• Disputes over easements or servitudes: If the property benefits from an easement or servitude granting access rights over neighbouring land, disputes may arise regarding the exercise of these rights, maintenance responsibilities, or compensation arrangements. Neighbouring landowners may raise complaints or demands for payment for granting access or using their land. 
• Maintenance contributions: Property owners with shared access routes, driveways, or shared amenities may be subject to maintenance contributions or shared costs for upkeep and repair. Disputes over the allocation of maintenance expenses or failure to contribute may lead to complaints or demands for payment. 
• Unauthorised access or trespass: If neighbouring landowners or third parties gain unauthorised access to the property or use access routes without permission, property owners may raise complaints or demand payment for trespass or unauthorised use of private land. 

Resolution and documentation 

Resolving issues related to prevented access to the property or complaints about access typically requires communication, negotiation, and, if necessary, legal intervention.

Property owners should consider the following steps: 

• Review legal documents: Review property deeds, title documents, easement agreements, or relevant planning permissions to clarify access rights, responsibilities, and any restrictions or obligations affecting the property. 
• Communication and mediation: Engage in constructive dialogue with neighbouring landowners or relevant parties to address concerns, resolve disputes, and reach mutually acceptable solutions. Mediation or dispute resolution mechanisms may help facilitate negotiations and reach agreements. 
• Legal advice: Seek legal advice from a solicitor or property lawyer specialising in land disputes or access issues to understand legal rights, obligations, and options for resolving conflicts. Legal professionals can provide guidance on dispute resolution strategies, enforcement mechanisms, and potential legal remedies. 
• Documentation and agreements: Document agreements, resolutions, or payment arrangements reached with neighbouring landowners in writing to ensure clarity, enforceability, and protection of rights. Formalise any agreements regarding access rights, maintenance contributions, or compensation arrangements to prevent future disputes.