Difference between Right of Access & Right of Way?

[PhilboSE]

Is it possible to grant a limited "right of access" (with permission) to someone, or is there exclusively the legal concept of a "right of way" with unrestricted access?

Part of the wall of my neighbour's house forms the boundary between our properties. It's a solid brick wall of single storey height with no gates, doors or windows on it that face onto my property. The side of the wall that faces my property can only be accessed from my rear courtyard, but they would only need to access it to ad-hoc property maintenance. I've given them a key to my garden gate to enable such access when necessary in case I'm not there.

I'd like to think that they have the right to access their property to undertake this maintenance, but on request (with permission not unreasonably withheld by me) and at a time that's mutually convenient. Amicable conversations in passing with the neighbour suggests that they think they can come and go freely across my courtyard whenever they want (though they don't, at present).

Is there a chance I'm right, or is there no such legal concept as a controlled right of access, and what they have will be a right of way? It would feel a bit "wrong" if they have a right of way as they don't need to go through my property to enter theirs - but if that's they way it is, so be it.

[The Surveyor]

What do your deeds say, do they give any specific right to access your property by other parties and does that include any restrictions?

[Moonhawk]

The deeds of a property usually contain legal caveats allowing neighbours who share boundaries access to maintain either their property or their boundary from your side.

This (as far as I am aware) does not infer a general right of access, merely grants them the right under certain circumstances. They would of course need to cooperate with you and ensure that they didn't cause any damage to your property whilst exercising the right of access.

http://www.problemneighbours.co.uk/rights-under-ac...

[Mr GrimNasty]

Is there is anything in either their/your property docs?

If not:- You can most certainly control their access, but not ultimately prevent, in most cases.

This about covers it.

http://www.problemneighbours.co.uk/rights-under-ac...

(edit, how did that happen, I refreshed, no other replies, then I reply, and other old replies! Anyway sorry for duplication.)

[TooMany2cvs]

Right of way - they can pass through your property for any reason they want. It might be public, it might be limited to specific individuals.
Right of access - they can get access, probably for a specified reason, but cannot pass through.

So if they have right of access for maintenance of their property, that's exactly what they can come onto your land for. They can't walk in your front gate and out your back gate, as they could if there was a right of way between the two.

[PhilboSE]

Thanks for the replies and the links.

It confirms what I thought - that it's possible for a legal state to exist that grants access without it being a Right of Way. I can recall from the conveyancing that there is definitely something enshrined in the documentation that covers this, so we're not just relying on the general rights of access granted in the Neighbouring Land Act 1992.

Looks like I'll have to check the actual documentation to understand the difference - I'm hoping that it enshrines a general right of access (i.e. only with my consent, not unreasonably withheld) without granting a full Right of Way.