I'm not sure if this is unprofessional conduct as stated in the heading or not but I wanted to get a second opinion before I responded to the letter we have just received from our neighbours' solicitor.

Our neighbours are having a dispute with our landlady over a right of way issue with the house that we live in currently.

We moved in in November 2013, we were given a key to a side door that leads to an alley running between our house and our neighbours' house. We use this alley for putting our bin out for collection and nothing more (except on one occasion where I forgot my front door key and had to let myself in via the back door which is accessed by this alley). The new neighbours, who moved in earlier this year, are claiming we are not allowed access to this alley. I seriously don't care, it's an alley. I can put my bins out through the house, whatever. But my landlady and our neighbours are currently discussing the matter through their solicitors.

Today, I received a letter from our neighbours' solicitors with a copy of the letter they sent to our landlady and their claims about the land registry title plan and the reference "trespass to land". They claim that we are trespassing using that alley and ask us, as tenants, to refrain from doing so in the future.

Now, I don't know much about the law, but I know that as the matter is unresolved, they can't threaten us with "damages" for continuation of this so called "trespass" and I know that, as a tenant, this matter surely doesn't actually involve us? The landlady, the neighbours and their solicitors sort it out amongst themselves, with or without the courts, and then our landlady passes down the ruling to myself and my partner.

I feel amazed that this solicitor has felt the need to send us a letter, that practically threatens us, for something that isn't even legally decided yet.

Does anyone have any advice on how to respond? So far I've got something like:

"Dear Sir,

Further to your letter dated 15 September 2014, Ref: ***


I would like to express my confusion at receiving this letter from you regarding the ongoing dispute between our neighbours at *** and our landlady ****. I fail to see how this matter involves myself and my partner. I find your actions rather unprofessional as your request for us to refrain from using the shared entry cannot be upheld until the matter is settled completely, and I am sure you are aware of that. "

I'm just so angry that they're trying to drag us into this, either to try and win favour, or to scare us into complying. Do readers here agree that this seems completely unnecessary? And also, as I say, have any advice on how to respond?

Many thanks

Unles there is a is something on the deed of their property granting you an easement to pass over that property... then it is trespassing. And they won't need a ruling to call the authorities. It would be upon you to prove otherwise. THey will have the property plat to prove it is in fact theirs.

But to your question... I see nothing unethical, they are representing your neighbors, not you... that is their job. A property owner does have the right to prevent others from traversing it.

But you are renters...what are you going to win? And at what cost to you? You should defer this to your landlord and let them handle it. THey own the property you are renting. Just because a previous owner allowed it...doesn't mean a new owner can't prohibit it.

Let the lawyers hash out who owns what and who can and can't do what. I'd advise not putting yourself into a position that can end up with tresspassing charges possibly being filed against you until your landlord gets clarification. What we call CYA.

It is quite common and legal to do what they did. They believe that they have proof that there is no right to access that alley. They don't have to wait until the matter is resolved. In a sense, the burden is now on your building's owner to prove that he's wrong. And it's appropriate to inform you, even though it's not your legal dispute. I wouldn't bother to respond, however.

(I have watched many border disputes, such as a concrete block wall put up by one party and taken down the next day by the neighbor. Or a man claimed that my driveway and garage were on 2 feet of his land and when I proved that I wasn't and that it was his back yard neighbor instead, he took a chainsaw to that man's shed. I once rented an apartment on an alley used by 'everybody' who had no right to it, and got yelled at for blocking it by someone who's property didn't even abut that alley. Emotions often run high.)

The rationale for preventing what may seem like simple and harmless trespass is that after a certain amount of time set by law in your area, the trespasser can claim rights to continue.

Sorry, I forgot to add, there is something in the 2009 deeds saying the access is shared. It is shared between three houses which all face on to the same courtyard. One house cannot be accessed without the alley. There is also a patch of unregistered land. The neighbours are arguing that the deeds are incorrect, that only the inaccessible house requires access, and that the unregistered land should be theirs. Both our landlady and our neighbours appear to have differing deeds (although I believe our landlady's are the most recent), or are interpreting them in wildly different manners.

@joypulv If that statement about trespassers claiming the right to continue is correct in the UK, does it have to be the same trespasser? The access via the alley has been used by the tenants of this house for 15 years.

The issue boils down to whether the occupants of the leased premises have the right to share use of the alley with the neighbors. While Smoothy suggests that the alley should be on the landlord's deed, it is also possible that the alley is publicly dedicated, in which case it might not be on the deed.

I believe the solicitors have acted properly in sending their letter to OP; although I also doubt that their clients can prove any significant "damages". I advise that the OP refrain from using the alley until the matter has been straightened out.

The deeds mention how the alley is to be shared, so are going to trump laws that allow for claim by adverse use. This is going to be far too complicated for us to sort out online. Just for starters, you say there are deeds that differ. I suspect that this is going to end up in court.

Adverse possession claims in a case like this would include all tenants, because the owner is the trespasser in effect. But don't quote me on that! Laws are supposed to cover everything, but if they did, we wouldn't need lawyers.

Thanks for the advice guys - I believe my landlady said her deeds were from 2009 and the neighbours were from 2003. She also said she believes the neighbours were inaccurately informed by the people they bought the house from (who were after a quick sale) about shared access and the fact that the house comes with parking (it doesn't). I just don't really want the stress of it. We don't use the alley anyway, we don't speak to the neighbours as they blanked us the first few times we attempted to make conversation back in January (and have been nothing but a nuisance with their noise/car/dog since then, but that's another story), and I just don't feel this concerns us. I feel if the neighbours are wanting to change the 2009 deeds to the property then they don't need to/shouldn't be able to dictate to us what to do and what not to do until the matter is settled either way. Ugh.

This is what lawyers do. They represent their client. It would be normal, they reviewed the evidence from their clients side. And feel there is a case. ** that does not mean they will win.

But it appears, the new people have the money and desire to go to court. So you and the landlord should consider, hiring one, if you wish to fight it.

' I just don't feel this concerns us.'
It only concerns you in regards to what transpires between you and your landlady. Don't even say or write a word to the neighbor or the neighbor's lawyer. Do what your landlady says to do, which if she's smart will be to avoid the alley while she and they sort it out.

Funny thing is, I could swear that I heard this same story from the UK last year, complete with the descriptions of the shared use, the number of houses, the different deeds, and the unclaimed land. You might be able to find it!

That's so weird! I'll have a search... The thing is, I think the landlady's daughter lived here before us and I'm not sure she would ask on here. But I'm still intrigued to discover what was said.

I just found this email from our landlady from when the neighbours first moved in and started this dispute. This is what made me feel so uncomfortable about being involved in the situation as, as far as she says and as far as the deeds she sent me suggest, there is no issue - it is the neighbours attempting to change the deeds or dispute them or whatever.

It reads:

"I am so sorry to hear that the new owners of No. ** appear to be disputing ownership of the corner of the courtyard, together with our rights of way along the passageway and across the courtyard.

I am attaching copies of the letter, with attachments, which I mailed to the owners of No.** some weeks ago. They have never responded. (For your guidance, I also attach a copy of the Title Deeds to No. ***.)

Since I bought the cottage, I have spent a lot of time and money researching these issues, and also visited the Land Registery in ***** in Feb 2012, when I had a long interview with one of the officers who was very helpful and provided me with copies of many relevant documents. There is no doubt that we have legal rights of way along the passageway, and across the courtyard, to the rear of our cottage.

Ownership of the corner of the courtyard (shaded blue on the plan) has not been proven either by the owners of No.**, or the owners of <our house>. However, the owners of <our house> have registered a Caution Against First Registration of this corner of the courtyard, and have the benefit of an additional right of way over this corner.

If the owners of No.** persist in disputing your use of the courtyard and the rights of way, would you please ask them to contact me directly."

This is what makes me so angry at the neighbours' solicitor for using paragraphs like:

"We are further instructed that the tenant of your property and visitors to your property, regularly come and go from the kitchen door via the passageway between the two properties <this is false, as I've said, we never use the passageway except for the one time I locked myself out and I actually buzzed the neighbour and asked if they could let me in - he could have just said no if it was that big a deal>

We have advised our clients that they are entitled to damages for the trespass to their courtyard. Please note that our clients will not tolerate any further trespass to their courtyard either by persons stepping on to it from the passageway between the two properties or by persons exiting the kitchen door on to it. We are today sending a copy of this letter to your tenant so that he is aware of the position. Should there be any such further trespass, then our clients will have to consider bringing Injunction Proceedings."

I don't see how both deeds can be legal and if they're not both legal, I don't see how our neighbours' solicitor can start threatening us until it is clear which one IS legal.

Sorry you are caught in this power struggle but the rule is to always cover your own arse at all times. Make copies of the documents you have, and live according to your landlord, and lease agreements, and don't be intimidated by either side.

I would ignore the other sides lawyer until a judge rules one way or another, or until they actually make trouble for you. Its not your job to draw lines, or defend boundaries, but to enjoy what you contracted for. It's a nuisance and annoying, but it's the owners headache, not yours. Give a copy of the letter from the other lawyer to your landlady, and let her deal with it.

What are they going to do, board up your back door? Knock over your trash cans? Fence in the alley way? What does your landlady recommend?

@talaniman, thank you for your sympathy! We were actually considering moving because of the neighbours' previous behaviour I alluded to (the DIY, the dog barking, their parking) but this might just cement it. It's such a shame because it's such a lovely house.

Our landlady wants us to continue as we were because, I imagine, she doesn't want to show any weakness in a situation where she feels she is in the right! As far as she is concerned, we have access to the passageway and should therefore take advantage of that. If we stop using it, she fears it may look like she acknowledges we may not have rights to it.

You're right, they're hardly going to board up our back door, although they have already started moving our bins without permission and I wouldn't be surprised if they fenced in the alleyway from their previous form! ;)

What does whoever hauls the trash from the bins have to say about all of this? Have they also been given an ultimatum from the neighbors' solicitors?

Haha! The council tell us to put our recycling bag (a small canvas bag about 1ft x 2ft) outside our house. We put ours outside our front door in front of the wall between our house and the neighbours. They've started moving it across the street as they "don't want it outside their house". I don't know what the bin men think of this, but I know the neighbours' whose drive they block with our recycling bag aren't too pleased about it! *rolls eyes*

I'm not unsympathetic to your plight. I've been there on both sides of the issue from time to time. As a renter, you are in a difficult position... and as a homeowner, you have to protect what you view as yours. Yes... been there with kids that thought my back yard was some sort of a local park or playground (they didn't even live on MY street). Got ugly before it ended with me threatening their parents for not stopping it. Yes one of them ( a mother) actually argued with me they had the right to do it. I told her then you wouldn't have any problem with me parking two of my cars in her driveway then, I'd have the same right as they do..... luckily it ended before someone got injured and things ended up in court.

You do not respond to their attorney. You turn over any communication to your landlady and follow her instructions.. Get those instructions in writing to protect yourselves,

But I see nothing wrong or unethical in the action of their solicitors.

'we never use the passageway except for the one time I locked myself out and I actually buzzed the neighbour and asked if they could let me in - he could have just said no if it was that big a deal'

The neighbor has sole control over the passageway where your back door is and where you put your bins? Or you all do, and there is a buzzer from inside each house?

You do know that deeds are public, and have read them all? Does your landlady act helpless? Has she hired a solicitor? If you are thinking of leaving, have you warned her, which might prompt her to hire someone?

We all have keys to the door to the passageway, but the neighbour has a buzzer there as they have no front door directly on to the street so it's where their visitors have to buzz to gain access to their house. We normally use our front door (we do have immediate access to the street from the house) but as I'd forgotten my front door key because I'd given it to a handyman who was working on our bathroom (and I never bothered to put the passageway door on my keyring as I don't use it) I buzzed the neighbour to get access to our back door.

But yes, the neighbour is arguing that they have sole control over the passageway where our back door is and where we put our bin when it's not on the street for the bin men to collect.We have read the deeds, yes.

Our landlady is anything but helpless. She has a solicitor on the case already, and she knows we are thinking of leaving. I realise we don't really need to worry about this as tenants, that it's her domain, I was just venting my anger and surprise at the relatively threatening letter we received from their solicitor saying that we were trespassing, could owe damages and could face injunction proceedings if we kept using this passageway. I just feel if that letter had gone to someone less strong willed than us, it could have really scared them. It just made me angry!

It just seemed rather heavy handed to involve us in a matter that is so open to interpretation and go straight in with threats of legal action on us, the tenants, when we're just doing what our landlady says the deeds allow us to.

Sigh.

Anyway, thank you all for your responses. General consensus is to not use the passageway, and not contact the solicitor.