Property disputes with neighbours are pretty common.
They can lead to some neighbours taking ‘revenge’ in different ways.
One of these ways is blocking access to a drive…
Is this legal? And what can you do about it?
Read on to find out.
What counts as a neighbour blocking access to my house?
You should distinguish between a minor interference and a major interference.
The latter generally gives you grounds for taking action to resolve the situation with third parties.
Minor interference
A minor interference means an item or thing is blocking part of your way, but you can still get by.
Or it can mean your house is blocked but only temporarily. For example, if your neighbours are moving house on that day.
It may be inconvenient, but it doesn’t prevent access to your house.
Major interference
This means that you literally can’t get in.
Perhaps the neighbour is blocking your way with their vehicle. So you can’t access your property with your vehicle (or even on foot).
Are neighbours ever allowed to block access to a house?
In most cases, a neighbour can’t block your access to your own property.
But there are a couple of potential exceptions. It varies on a case-by-case basis:
- If you don’t have a right of way or easement your neighbour could stop you from using a particular pathway
- If you were given informally or temporarily permission to use a certain entrance, this could be revoked
- If a neighbour has been ordered to do so by authorities. Perhaps this is because you’ve committed a crime and/or are wanted.
What to do if a neighbour is blocking access to your house
Double-check what your rights are
You should check any easements and rights of access relating to your property.
This could give details about what your neighbour is/isn’t allowed to do.
Speak to your neighbour
You should try to speak to your neighbour before taking legal action.
Have an informal discussion and be respectful and polite. Try to resolve the situation this way.
If your neighbour responds threateningly, withdraw immediately and contact the police.
Seek mediation
You could also consult a mediator if an informal conversation doesn’t work.
This professional may be able to resolve the situation.
Speak to your neighbour’s landlord (if applicable)
If your neighbour is renting, you could need to speak to their landlord.
Contact them about the situation and explain what’s happening.
Consider legal action
If all else fails, legal action may be your best bet.
This will cost money, but hopefully, you will get the desired outcome. Contact a qualified professional for guidance.
