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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To let path become unusable

157 replies

ALiensAbductedMe · 16/05/2018 15:50

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...

OP posts:

Aridane · 16/05/2018 16:18

Who owns the path / is responsible for it?

Trilogy18 · 16/05/2018 16:18

I assume OP has not fenced off access to the path but has just put up a fence across the width of her garden parallel with the path. Totally fine to do so and the state of the path is not OPs problem. Clearly the path is not in that much demand if this is the first time anyone has noticed it is overgrown.

Original poster

ALiensAbductedMe · 16/05/2018 16:19

@CaliforniaDream the deeds show it as desperate to my garden with red crosses over the path. Basically it is nothing to do with me, I have no rights of access or ownership.

OP posts:

Karigan1 · 16/05/2018 16:19

If it’s not your land or a right of way over your land then it’s not your problem. It’s the problem of whoever owns it. That sounds like the situation from what you say.

If it is a right of way over your land and you’ve allowed it to become blocked then I understand people can take the shortest route around the blockage which may well be your garden!

WomaninGreen · 16/05/2018 16:20

the silly tart comment would have made me react the same way

however, I'm thinking you need to get the legal situation addressed. If it's actually set up as an easement or right of way for others, then something needs to be altered.

has it been set up that way but omitted detail that you have to keep it clear? It's probably one of those annoying set ups that needs to be sorted legally again.

Karigan1 · 16/05/2018 16:20

We clearly cross posted. So not your problem then

ShowMeTheElf · 16/05/2018 16:21

Mike: I read that the OP had fenced between the path and her own garden, so that the path was completely separate. It wasn't blocked by the fence, just over time by disuse.

sweetboykit · 16/05/2018 16:21

YANBU. If he needs to use the path, he needs to maintain it. Why should you maintain it, when it's no use to you? It's not in your deeds. He is just an entitled arse, not everyone is his servant. Ironically he's the stupid tart.

WomaninGreen · 16/05/2018 16:21

I mean, one option might be that the neighbours shouldn't be allowed to use it, it would be a nightmare to have people wanting to do this kind of thing a lot.

Original poster

ALiensAbductedMe · 16/05/2018 16:22

Oh and the neighbours don't need to access my garden to get to it, there is a little side gate.

OP posts:

Sauvignonne · 16/05/2018 16:22

If I read correctly, you have fenced off a path that is behind your garden obstructing a right of way

I read it as that the OP put a fence up replacing the low fence that was already there - shutting off the view into her garden, not access to the path itself. If the land which forms the path is not on the OPs deeds, and is only temporarily inaccessible because of overgrown foliage, she hasn't done anything wrong.

Original poster

ALiensAbductedMe · 16/05/2018 16:23

@Aridane as far as I know it is shared ownership of the other three terraced houses inthe middle of our row.

OP posts:

eddielizzard · 16/05/2018 16:23

he's an idiot. he didn't check the path before he ordered the sofa. and now he's blown it with you too. horrible thing to call you. you don't owe him anything and consequently he's paid for a sofa he can't get delivered. it won't be his fault though boohoo, nothings his fault...

welshmist · 16/05/2018 16:24

DIL and son had a path like this in their first home, was in the middle of a terrace of a dozen properties, you take the bins around to the front each week. Each property has a little back yard. When they moved in they and us, cleared away rubbish, put down weedkiller, strimmed the whole lot and cleared it away. What happened? the neighbours seeing a clear nice place started stacking up bricks, paving stones, in fact anything that was in their way. No-one said thank you or tried to keep it up. I can understand you fencing it off.

Peterrabbitscarrots · 16/05/2018 16:24

YANBU - not your problem to maintain it or inform anyone that you fenced it off. If neighbours rely on it for access or for emergencies - then it’s their responsibility to keep it clear.

I would have told him that you would have usually allowed the sofa to be brought through your property, but decided against it due to the name calling. Leave the responsibility firmly with him

pallisers · 16/05/2018 16:24

If I read correctly, you have fenced off a path that is behind your garden obstructing a right of way.

That isn't correct. She fenced off her garden from the path. The path is still available and unobstructed - the fence doesn't affect right of access. The neighbour seem to have expected someone who doesn't own it and has no rights to it to maintain a path for their benefit. Highly unreasonable

Love that he got the natural consequences of shouting and calling someone names.

mommybear1 · 16/05/2018 16:25

@ALiensAbductedMe I agree with @Cath2907 - completely rude CF you have done nothing wrong OP head held high

MikeUniformMike · 16/05/2018 16:25

Oh right. so the path is just behind your garden and you've not obstructed it, but has just become inaccessible because no one looked after it. And the neighbour wanted to use your garden instead of the path.
Well calling you a stupid tart was the right way of going about it.

YWNBU.

Aridane · 16/05/2018 16:26

Really not your fault/ problem. If anyone is responsible, it’s the three co owners.

DevilsDoorbell · 16/05/2018 16:27

Neighbour is a prick. Ywnbu

expatinscotland · 16/05/2018 16:30

Fuck him off! YANBU. Not your circus, not your monkeys. I'd have told him to sling his hook. You don't own it, you don't have the legal responsibility of maintaining it, you're not obstructing it, so fuck it. And nope, wouldn't let any of them access my garden or they will all start taking the piss.

CigarsofthePharoahs · 16/05/2018 16:31

That sounds like a very similar set up to where I live. We're end of terrace and have side access to our garden. All the other houses have back access via a path.
When we moved in there was a half height chain link fence and a heck of a lot of brambles between our garden and the path.
We also have no right of access to the path and no responsibility for it either. We've fenced it off properly and have cleared the brambles and as far as I'm concerned that's all we'll ever do. If the path becomes unusable it's nothing to do with us.
Ironically, the house at the far end has annexed the path behind their house and there's no main road access that way!
In short op, YANBU and your neighbor should not have insulted you.

StealthNinjaMum · 16/05/2018 16:32

Completely agree with most posters yanbu and neighbour is an idiot for buying a settee without checking how he would get it in his house.

NoFucksImAQueen · 16/05/2018 16:32

I'm laughing that they couldn't get the sofa in. Bloody good for you not letting him use your garden after he spoke to you like that, cheeky twat!
I'm struggling to picture it a bit, how would he have Got in your garden? And then to his house with the sofa?

ikeepaforkinmypurse · 16/05/2018 16:33

If your neighbour hasn't noticed your fence and the path not maintained for 2 years it can't be that important to him! Some shops are a bit casual about their delivery time, but he must have ordered his sofa before you put your fence up.

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