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To let path become unusable

(158 Posts)
ALiensAbductedMe Wed 16-May-18 15:50:16

I live in a terraced property, I am at the end. The other properties have access to their homes from the front and via a path across the back of my garden, which when I moved in was only separated from my garden by an ankle height flimsy picket fence. The path is separate to my garden and I do not use it or have rights to it according to the deeds. When we bought the house 2 years ago we were told my the previous owner that it is hardly ever used by the neighbours.

Even so I didn't like the idea of the neighbours being able to walk past our private garden and see in whenever they fancied so I erected fencing to shut it off. Since then it has become overgrown and virtually unusable.

The other day one of the neighbours had a sofa devivered and needed it taken round the back, obviously when they tried this wasn't possible due to waist height growth of brambles. The neighbour knocked on the door rather irate asking why I hadn't told them about the path not being usable. I explained I fenced the path off two years ago and it is nothing to do with me.

He started demanding that I let the sofa people climb over into my garden and take the sofa in that way, which I would have happily allowed if he hadn't muttered that I was a stupid tart. When I asked him to repeat he said that before I moved in the previous occupant had maintained the pathway and kept it clear in return for being able to use it to have a bigger garden most of the time and that I should have told him I was going to fence it off like that as he would have done it himself and that it was dangerous as firemen etc wouldn't be able to get round. I see his point, but it's not my path, now is fenced off from my garden and if he wanted it maintained he should have done it himself or at least spoken to me to see what I wanted to do.

So was I unreasonable not to maintain the path, not tell the other neighbours I wasn't maintaining it, and fencing it off?

DH thinks I was unreasonable not letting the sofa delivery guys have access, as in the end they couldn't deliver as it wouldn't go through the front door, but I was so angry he called me a stupid tart and was shouting in front of my kids...

Cath2907 Wed 16-May-18 15:52:44

You were not unreasonable to do absolutely nothing to the path. It isn't yours, you don't use and and actually have no rights to use it. If anyone had been round there in 2 years they'd have known it was not being maintained and maybe (but unlikely) would have done something about it.

I'd have let him cross my garden up to the "silly tart" comment. Then he'd have got the door shut in his face.

He is a CF. A rude CF.

Theshittyendofthestick Wed 16-May-18 15:53:56

YANBU. I wouldn't have responded well to being called a stupid tart either.

Alienspaceship Wed 16-May-18 15:55:27

Cath - bravo and agree.

CaliforniaDream Wed 16-May-18 15:56:22

YANBU to not maintain the path, but it might have been worth mentioning to your neighbours that you were fencing your garden off (unless it should have been obvious to them anyway). If it is needed as fireman access then you should all have come up with a plain for maintaining it.

Don't blame you for not allowing him access through your garden after he called you a tart!

TERFragetteCity Wed 16-May-18 15:58:25

You are not that stupid..you are not the one ordering a sofa without being able to get it in the house.

IWannaSeeHowItEnds Wed 16-May-18 15:58:50

Who is the stupid one? The person who chose not to maintain property they don't own and have no rights to or the person who wanted to use it and who does have part ownership but cba to even check it in 2 years?
He's a dumb fucker and I would have no hesitation in telling him to piss off!

Flicketyflack Wed 16-May-18 15:59:35

Do you have to maintain in?

Do they have rights of access?

I lived in a terraced house similar to this & it was common place to have right of access & to maintain it.

CAB may be able to advise grin

Hidingtonothing Wed 16-May-18 15:59:36

Nope, it was down to him to check access for his sofa delivery, nothing to do with you. I too would have let them use my garden for access without the silly tart comment but as it stands your neighbour has no one to blame but himself for either the unusable path or your refusal to accommodate his delivery.

IWannaSeeHowItEnds Wed 16-May-18 16:01:59

California, OP is the only one of the neighbours who has no rights to use the path and who doesn't own any part of it. It's upto the neighbours to take interest in their own property - to notice it's condition and clear it if necessary. She doesn't owe them anything. Just because previous house owner did it, that doesn't mean the OP is responsible for thinking for her neighbours.
They need to sort their own shit out.

TheMonkeysAreMine Wed 16-May-18 16:04:10

Who orders a setter without checking how it's going to get in? hmm

Stupid man

kissthealderman Wed 16-May-18 16:04:24

Well if it's not on your deeds and it's not part of your property I don't see how maintaining it has anything to do with you. Surely YANBU. Neighbour sounds like a dick.

TheMonkeysAreMine Wed 16-May-18 16:04:30

Or a settee obviously. I think a setter could walk in

aaaaargghhhhelpme Wed 16-May-18 16:07:08

Pffft. What a cheeky fucker. The path has nothing to do with you. I would also have allowed him to use my garden right up until he called me a tart then yeah he can shove his sofa.

CaliforniaDream Wed 16-May-18 16:10:35

@IWannaSeeHowItEnds ahh I see - I thought OP means she didn't have rights of ownership, not that she was specifically excluded from using it.

OhMyGodTheyKilledKenny Wed 16-May-18 16:12:55

Sounds to me like he realised that he was stupid dumbarse for ordering a sofa without checking it would fit through his front door, was embarrassed about this so conveniently looked for someone else to blame ie. you.

MikeUniformMike Wed 16-May-18 16:13:43

"Even so I didn't like the idea of the neighbours being able to walk past our private garden and see in whenever they fancied so I erected fencing to shut it off. Since then it has become overgrown and virtually unusable. "

If I read correctly, you have fenced off a path that is behind your garden obstructing a right of way.
YWNBU in not letting a neighbour access your garden but YBVW in blocking the path.

OhMyGodTheyKilledKenny Wed 16-May-18 16:13:47

oops forgot to add that no, you shouldn't have to maintain it as you have no right to use it.

BewareOfDragons Wed 16-May-18 16:14:02

I would have shut the door in his face if he called me names and shouted at me, especially in front of my children.

The path isn't yours and you have no right to use it; perfectly reasonable to fence it off from your side so you don't have to look at it and people can't look in to your garden from it. If the owners let it become overgrown and unusable, not your problem.

MikeUniformMike Wed 16-May-18 16:14:30

Ybvw? I meant YWBVU.

BitOutOfPractice Wed 16-May-18 16:16:18

Surely he could see (from upstairs windows?) that you'd fenced it off?

He's have been refused access by me for the silly tart comment too

ALiensAbductedMe Wed 16-May-18 16:17:16

@MikeUniformMike I didn't obstruct it, I just put I fence between it and my garden so they are separated and if the neighbours use it they can't see in my garden now. Over the last two years it has become overgrown and noone has cut anything back.

OhYouBadBadKitten Wed 16-May-18 16:17:22

she didn't block the path off, but ran a fence parallel to it, thus keeping the path accessible, if the neighbours had bothered to maintain it.

Aridane Wed 16-May-18 16:17:44

She hasn’t blocked the path, just fenced it off from her garden!

ALiensAbductedMe Wed 16-May-18 16:18:03

@BitOutOfPractice yes he would be able to see it is fenced off, and also that it is not impassable.

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