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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think this is a health & safety hazard or I don't have a (legal) leg to stand on?

108 replies

RedHeels · 20/11/2010 18:27

I rent a first floor flat in a converted house where there is also only a ground floor flat. An elderly lady owns that flat and the landing outside my door belongs to her property too.

The neighbour keeps her walking frame outside my door, on the landing, which she doesn't use (she told me that plus I've never seen the thing moved and I'm in and out a lot as I work from here). 12 months ago we had a conversation about the frame as I thought it was a health and safety hazard as when I open my door and come out, there is a space of about 40 cm and then there is the frame. The landing outside my door is also taken up by the meters cupboard and her flat door is opposite the front door, the distance is maybe a meter. So whenever I come in and out I bump into the frame (not too mention the times when I have my shopping with me). Back then she said she was willing to take it in, but in the end I told her not to worry and that I don't mind, it being there (she's 80-something so I thought if it was more convenient for her, then be it, etc).

Now I knocked on her door, to let her now that I will be having a baby in 2 weeks and whether she could put her frame inside as I simply won't be able to wheel the pram out of my door to come out. I thought, in the light of the previous conversation, that my request was quite sensible. Before I finished speaking, I was told it's not her fault I'm pregnant Shock and if I am pregnant I should not be living here. She said she won't move it and how do I dare to tell her what to do with her property. The old bat made my cry and finally I told her the frame just has to go.

When I want to wheel the pram out, I will have to pick her frame, move it outside the front door, wheel the pram outside and then put the frame back in. I even offered to put it in my loft but now apparently she uses the frame after the exercise (as I said, the frame is always there so that's not true but I guess it is beside the point). I will be calling my estate agent and the council on Monday but would appreciate any advice you might be able to give me in the meantime.

OP posts:
maryz · 20/11/2010 21:57

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Message withdrawn at poster's request.

cumfy · 20/11/2010 21:57

Cumfy - I don't want to store the pram in the hallway, I just want to be able to wheel it out of the flat. If I moved the frame nearer to my door, I couldn't get out?

Maybe I'm misunderstanding. Don't you have just 50cm or so prior to your internal stairs ?

Where would you store the pram ?

Your 2nd point: I thought there was a 40cm gap between her frame and your door, so Ithought you could move it 40cm-ish closer to your door.

I know it wouldn't be ideal having the pram front-door-side on the landing, but in principle it seems practical.

ADreamOfGood · 20/11/2010 21:58

Completely away from your OP, but if you only have 50cm of carpet before your stairs, where on earth are you going to store your buggy? How will you manage buggy and stairs and baby, and shopping etc? Have you thought about a sling/baby carrier at all?

She's being v rude btw.
Definitely get the fire service around- it's a free service, and they fit smoke detectors too.

ADreamOfGood · 20/11/2010 21:59

heheh- x-post!

A1980 · 20/11/2010 21:59

Redheels, you don't HAVE to ask her permission or be granted access to your flat door. I'm a solicitor and although it's been a few years since I studied land law & conveyancing, I do remember that with situations like this, you have a right of way or an easement over her hallway even though she owns it.

If you didn't have a right of way, technically she could refuse to allow you access at all and what would be the point of having the flat if you couldn't use thr front door and had to crawl in a back window so as not to trespass. We were actually taught it this way at law school.

You have a right of way over the hallway, if you didn't you wouldn't be able to access your own front door. You don't have to ask the silly cow permission to enter!

:)

RedHeels · 20/11/2010 22:08

I wouldn't dream of asking her to let me keep the pram outside.
When I wheel the pram in, I will take the carrycot upstairs and I will fold the chassis and keep it by the door. yes, that will mean I will have to half open the door if someone rings the bell and squeeze through it but I'm prepared to live with that (at least for the next 6 months and then hopefully will move).

OP posts:
cumfy · 20/11/2010 22:11

Won't it be easier to leave the chassis in the hallway unfolded ?

It wouldn't be blocking her in anyway.

RedHeels · 20/11/2010 22:12

maryz - it was a comment to cumfy about storing the pram, not to you Smile.

OP posts:
zipzap · 20/11/2010 22:16

Are you sure that she really owns the bit of landing outside the flats? Or has she just told you that she does?

Might be worth double checking with the landlord or getting the managing agents to check with the owner of the house (as appropriate!) because it seems strange to set up a building where two properties need access to a landing and one owns it outright.

as others have said there must be rights of way across it, along with safety issues, must be something that she can be bludgeoned with!

RedHeels · 20/11/2010 22:19

Just to be clear, the 50 cm is from when I open the door (the edge of the door if you like - enough to keep a doormat inside), so once the door is shut then there is a bit more space before the stairs but still if I leave a folded pram there it will compromise the door opening range, not to mention if I left it unfolded. Hope that's clear but I'm afraid it might be a bit Confuseding.

OP posts:
InkyStamp · 20/11/2010 22:20

As an aside - as she is so against babies, do yuo anticipate further problems now said baby has been brought to her attention?? But then you said you are moving anyway...

cumfy · 20/11/2010 22:24

Yes thats how I understood the geometry of you stairs.

When I say hallway I mean the bit outside, where the frame is - landing ?

Not talking about unfolded at bottom of stairs.

A1980 · 20/11/2010 22:27

Zipzap "it seems strange to set up a building where two properties need access to a landing and one owns it outright."

It happens all the time. The most spectacular and acrimonious court cases have arisen over this issue. Someone uses it too muhc, someone blocks it, someone damages the other's property while using it.

It's actually very common.

maryz · 20/11/2010 22:29

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maryz · 20/11/2010 22:35

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RedHeels · 20/11/2010 22:40

I used the term "landing" in the beginning but I guess it was incorrect. It is the hallway (although when I say hallway I imagine one in a manor house not 2 square metres). It's the bit outside my and her flat doors that leads to the front door Grin.

I uploaded 2 photos. The frame is folded by the way.

OP posts:
RedHeels · 20/11/2010 22:47

Even mine not my. I think Blush.

maryz - photo is lovely Wink. But that pram/ buggy is one big motherpoker...

She had a hissy fit when I left twice my boots outside my door so asking her to store the pram there would send her to meet her Maker.

Yes, she told me she owns it, I asked the estate agent a year ago to check it. He never got back to me and I just left it for my own sanity. She said she would show me the deeds but I said there was no need [mug emoticon].

OP posts:
maryz · 20/11/2010 22:56

This reply has been deleted

Message withdrawn at poster's request.

RedHeels · 20/11/2010 23:07

Am losing track of all the posts. I'm planning on using a sling but not that much in the winter. Last year it was very slippery outside and I would be scared to have the baby on me in case I end up arse over tits.

maryz - that's my point. It's not that just it's in my way, it's also such a small space that even now I have to dance around the bloody thing. When my mum came to visit (and she is few sizes bigger than me), she had to squeeze past it.

I have to go out, I can't stay at home all day Shock.

OP posts:
maryz · 20/11/2010 23:14

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Message withdrawn at poster's request.

greatgoose · 20/11/2010 23:23

Perhaps you could hang it from the ceiling on a pulley system?

Or get a hacksaw and some hinges to convert it into a collapsible frame?

NormalityBites · 20/11/2010 23:24

I would not have purchased a pram if I lived in a first floor flat without decent access.

maryz · 20/11/2010 23:36

This reply has been deleted

Message withdrawn at poster's request.

RedHeels · 20/11/2010 23:48

InkyStamp - I'm hoping to move as I anticipate getting frustrated with the layout. Also the carpets are cream/beige so if you add to that a crawling baby = Hmm. After today's conversation I am wondering what she will make of the baby. She might moan that the baby cries but especially in the first days there won't be much I can do about it.

NormalityBites - How can I not have a pram when I have a small baby? So what else could I get? As I said, in the winter it's too slippery for a sling (last Jan/ Feb were a murder).

maryz - flask of coffee? who you kidding Grin

hacksaw? yes, I'm dreaming of one now. In close contact with the frame. Which she never uses.

OP posts:
confuddledDOTcom · 21/11/2010 00:32

Got to admit I don't drive and as I have PGP I can't push a pushchair so I use a sling everywhere and even do shopping on my own! Taxi drivers will drop your shopping by the front door, you secure baby and come back for shopping.

Looking at those pictures you're going to have problems. You definitely need to speak to someone to sort this out. Landlord, estate agent, solicitor, her friends, whoever.