Am I a CF, or is my neighbour?

[HighwayDragon1]

To get my bins round to the front they have to be brought round the back of my house. I have access rights over my two side neighbours drive, and a path that runs to my side entrance. One neighbour has grassed over the path, he's overly anal about his front lawn. He spends hours on it weekly, I've seen him trim the sides with scissors.

Here's the problem, the way the cars are parked I simply can't do the bins without running over his lawn (that used to be a path!) He's just had a massive go at me for "churning up his garden" and he ranted for nearly 5 minutes about how he was going to report me to my landlord for destroying his property. I told him I had a right to use a small strip, he told me I didn't. I said I'd double check and scarperd.

So am I a CF to keep using his lawn or is he a CF for basically cutting my access and shouting at me?

i wonder what his reaction will be next bin day. I can't see him taking this laying down.

But if it's a right of way he shouldn't have grassed it over, should he?

Fair enough.

Glad to hear your LL is onside. You should keep using it to ensure that you/ the next tenants/ the landlord maintain the right of way.

Well, if there was even the remotest chance that you LL would forgo the right of way for the sake of neighbourly harmony, your CFN has blown it, hasn't he?

Good to know your LL supports your position though.

If I were you I would use that right of access on a daily basis - going out to feed the birds, gather rosebuds, wandering up and down it, holding a quill pen and a sheet of parchment on which to compose rude limericks about the CFN my heartfelt poetry - all of this important stuff.

But then, I am a goody eff'er . . .

There’s a law that says that if no one uses the access bit then he can claim it ~ not sure how long it takes, some years, but this could be him starting

Very unlikely that anyone would be able to claim this. There is a case confirming that even 175 years of non-use constitutes abandonment of an easement. You have a legal right of way and he cannot obstruct it.

He is the one committing CFery

I'd be tempted to move the bins every day... He's definitely being a CF, just ignore him

What a nice LL.

Is the access right only for moving the bins? Can you legitimately walk over it every day, and take your children in and out that way? Often?

i think it might be worth asking your landlord to send a recorded letter to CF next door.
That way if he ever decides to try and claim the land at some future point you got proof of his antics.

Excellent CF neighbour thread where the content has more than made up for the slightly lacking diagram. OP could you perhaps outsource your artwork to @prettypetal who has outstanding diagrams but a distinct lack of drama in her own wheelie bin / CF neighbour thread?

Hi guys. Nothing to add in terms of an opinion or advice just wanted to know what CF stands for please?

cheeky fucker

I liked your diagram OP. Especially your little stick figure
Your ll sounds lovely. Don’t let the CF get to you. If he shouts at you again go and buy some footy boots and walk up and down his lawn tell him to bugger off.

You’re right- he’s wrong, it states in the deeds that you can access this area. But for me, it would also have to come down to what makes my life easier- moving the cars out to move the bins (which is a pain in the arse and shouldn’t be necessary) or continuing to use a org you have a right to use, but having a constant shitty neighbour with shitty attitude. Ultimately that’s only a decision you can make, whether you are legally allowed to use the area for access or not.

There’s a law that says that if no one uses the access bit then he can claim it ~ not sure how long it takes, some years, but this could be him starting
You don’t lose a ROW by lack of use. Further, the owner of a ROW has the right (i.e. without permission) to improve the ROW to make it fit for purpose, so your ll can reinstate the path.
If the cfn tries to stop you using the ROW I suspect your ll will be helping you enforce it through the court.

Sd I'd assume the landlord will want her to use it as the more established the ndn gets the more difficult it will be to reclaim the right in future..
The ndn sounds like he might be ill.

Ignore the posters suggesting you use a different route or keep your bins at the front. You have the right to use that route and your CFN does not have a leg to stand on. Use it regularly. Weight down your wheels bin with bricks and try to use the path just after heavy rain to ensure the wheels make nice deep furrows in the turf.

kuniloo

Are we twins separated at birth?

I would go out of my way to do everything I possibly could to maintain my dominion over that right of access.

Your suggestion regarding the bricks in wet weather is pure evil genius. [we need a Little Devil emoticon for times like this - see to it Mumsnet, will you?]

Collaborate, I think that's me you're quoting? I'm not sure what I was thinking of, maybe getting things the wrong way round and thinking of the thing where you get to make a ROW by using a route for 20 years.

Glad to find that ROWs are permanent regardless of frequency of use.

Kuniloo and Schadenfreude, I would do that too!