Wheelbarrow access?
 

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[Closed] Wheelbarrow access?

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My brother bought his first house this year. Its a semi detached house but he only has access to his backgarden either through his house or via a right of way through his neighbours garden, it was all in the deeds that its a right of way for him accross her garden through her gate to the front of the properties.

He's been renovating the house and last week for the first time used the ROW to take a step ladder and lawnmower into his back garden. The neighbour came out and said that although it was fine he needed to remember he only had wheelbarrow access. Now he's assumed that this meant he was only allowed irregular access with her permission but i'm of the opinion it relates to what you can take through her garden - i.e nothing more than something the size of a wheelbarrow, so you couldn't go wheeling a motorbike through her back yard for example.

It's not a term i've come accross before but surely he either has access or he doesn't and the idea that he needs to ask permission or the access is somehow time limited seems a bit odd. I quite agree that what you can go trampling through her garden with should be limited but not how often surely? Incidentally we can find nothing in the deeds that states anything about wheelbarrow access, it simply states he has access and a right of way.


 
Posted : 13/12/2014 11:40 pm
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never heard it before myself but sure enough there seem to be a small number of references to it online. would find it hard to believe it literally means wheelbarrows only but then again I never knew it existed until two minutes ago ...

fwiw I would begin with the deeds and work from there rather than relying on the neighbour's interpretation...


 
Posted : 14/12/2014 3:11 am
 m0rk
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If it says he has access & a ROW, and doesn't mention a wheelbarrow I'd be doing whatever I wanted access wise.

Obviously politely explaining (with a copy of the deeds) why you're doing it. That or just move a step ladder on a wheel barrow.


 
Posted : 14/12/2014 8:09 am
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Posted : 14/12/2014 8:14 am
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I'd agree with your mate i.e. stuff you can't fit/don't want through your house.
IANAL


 
Posted : 14/12/2014 8:16 am
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We have a ROW for two neighbours passed and under our house.
The details in the deeds state that they have access rights for pedestrian, bicycle or a hand cart.

In practice they use it to access their garages with cars

When we moved here, one of them was fairly quick to let us know that although he knew what the details were, he'd taken legal advice in the past to the effect that a car would be deemed equivalent these days to a hand cart or bicycle.

We've no interest in testing his theory, sounds like the OPs neighbour wants to or is just a bit worried that you'll be in and out all day and wants to try to get you to stop.


 
Posted : 14/12/2014 8:38 am
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Well, there isn't much info on the Web but what there is seems to suggest that access is access and that wheelbarrow access just relates to what can be taken through as opposed to regularity or permission. In other words he can use the ROW as often as he likes and doesn't need to ask or notify but riding a motorbike through to stick in his garden wouldn't be acceptable.

I think he was mainly concerned about having limited use of the ROW rather than what he can take through so it seems he's fine to use it. I guess if she has an issue with it she shouldn't have bought a property with a ROW through her graden.


 
Posted : 14/12/2014 9:24 am
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This reminds me of my Great Uncle who lived in the end house of a terrace of 4 and his access through the rear of the property was through a small pedestrian tunnel and through 3 other back yards.

All the neighbours were fine about it but, even as a Child, it always felt wierd to Me to be going through someone's Yard when She was hanging the Washing out.


 
Posted : 14/12/2014 9:33 am
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I'm in a similar position to her, might be worth establishing what her interpretation of things is. Just sounds like a common sense thing to me ie what fits through a garden gate. So, you could take a garden shed across in sections, but not have a 30t wagon deliver a conservatory across her land.
A lot of 'shared' access is on driveways for vehicle access, but this is clearly 'footpath' access, that's all it means in my opinion.

Now he's assumed that this meant he was only allowed irregular access with her permission

That sounds completely wrong, unless the deeds state he has to ask permission? or only has limited access (twice a week and not on Tuesdays)? otherwise he can come and go as he pleases (on foot), if she wants to lock a gate she'd have to provide him a key.

Just tell him not to get ideas about building a garage for his car in the back garden.


 
Posted : 14/12/2014 9:37 am
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Had it in a terrace that I lived in, access was to the entire row through the gardens and had to be maintained. The deeds allowed it but didn't specify what you could take through (only a 1m wide path though)


 
Posted : 14/12/2014 9:41 am

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