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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
TomRavenscroft · 16/05/2018 16:35

YANBU. He shouldn't have assumed it was passable, and anyone who says 'stupid tart' and shouts in front of kids loses my sympathy automatically. Bet he wouldn't have behaved like that if your DH had answered the door instead of you.

itswinetime · 16/05/2018 16:36

The path is nothing to do with you!! If he is so concerned he should have checked on it simples! And no way would I have let someone have access through my garden trampling my flower after the called be stupid tart!! Is an arse who got what he deserved no sofa!!

ALiensAbductedMe · 16/05/2018 16:36

@NoFucksImAQueen there is a side gate which leads to there path, and then our garden has land to the side of the house where I have a large double gate I installed when I did the fencing (as I keep a caravan there and need access) leading to my garden from the side of my house.

OP posts:
Collaborate · 16/05/2018 16:39

Chances are you won the path but your neighbours have. right of way over it. You are under no obligation to maintain it. They have the right to maintain it if they desire.

YWNBU. Don't lift a finger.

Oldraver · 16/05/2018 16:41

Hell would freeze over before I would engage or do any favours for someone who called me a silly tart.

Anyway OP...Will you come and maintain my front garden...you wont own it or have access over or anything..

BrendasUmbrella · 16/05/2018 16:41

We have a similar set up. I'm stunned that a mid terrace owner would think the path for the people in the mid terrace houses is anything to do with the person on the end who doesn't need it!

NoFucksImAQueen · 16/05/2018 16:46

But how would he get from your back garden to his? Sorry this has nothing to do with anything other than I'm nosey

Jaxhog · 16/05/2018 16:47

Actually you didn't fence the path, you fenced your garden. If the path isn't on your land, then you have no responsibility for it.

More fool him for not checking access beforehand.

TheBrilloPad · 16/05/2018 16:47

DIAGRAM! DIAGRAM!Grin

PetulantPolecat · 16/05/2018 16:49

It sounds like there was a mutual understanding with the last owner in that you maintain the path for everyone and can unofficially use it as part of your garden. And in return, the neighbours in the terraced houses would try not to use the path giving you privacy, unless exceptional circumstances. Like a sofa delivery two years later.

Eliza9917 · 16/05/2018 16:50

Isn't access for the whole terrace? So a path runs along the back of all the gardens? If so, then it's the responsibility of each house to maintain their part, I'd expect. Although, if no one has wanted to use it in 2 years, then they don't really miss it. AND if there's nothing on the deeds, then fuck them, especially for behaving in such a rude manner.

I visited someone once and while we were sitting there, someone walked past the back windows. I obviously jumped but the woman said it's fine, all the houses have a path that run the length of the street and the garden fences have gates in so people can walk through.

There is no way on earth I'd have tolerated that. My dog would have gone crazy barking at strangers.

Willow2017 · 16/05/2018 16:50

Collaborate
Op does not own the path it belongs to the other houses as thier access path.
She has nothing to do with it why the hell should she naintain it?

If neighbour didnt use it for 2 years maybe he should have checked it before ordering a sofa he couldnt get in his house without it? Not expect someone else to maintain it just in case he wanted to use it someday.

ALiensAbductedMe · 16/05/2018 16:51

@NoFucksImAQueen I assume the delivery guys would have to pass the sofa over the five foot fences between our garden to his garden and then get it in through double back doors.

OP posts:
LIZS · 16/05/2018 16:52

Where is the access to your garden?

Iluvthe80s · 16/05/2018 16:54

It's not down to you to maintain it. Not your responsibility. Don't blame you for installing a fence either .

LakieLady · 16/05/2018 16:54

Your neighbour is a dick and YANBU.

Jux · 16/05/2018 16:56

We need a diagram, op!!!!

randomchap · 16/05/2018 16:56

We definitely need a diagram.

I, for one, am shocked that calling someone a stupid tart doesn't get their co-operation immediately. Shocked.

Willow2017 · 16/05/2018 16:57

Op has already said she has separate access to her garden!

Bluntness100 · 16/05/2018 16:57

Are you sure you don't own it? It's a very normal set up for terraces and you would own it and they would have right of access over uour land, it would be very unusual for the others to own it.

Hobnobsarenotfordunking · 16/05/2018 16:59

Technically if you don’t have any rights of access to it then you would have to be trespassing to be able to maintain it.

onceandneveragain · 16/05/2018 17:00

I think good for you for not allowing him to use the garden after he'd called you that! Agree with most other posters that the path has nothing to do with you, and you are less responsible for it than any of the others. I don't really see what 'benefit' the previous owner really got from having a few extra inches of unofficial "garden" that they had to constantly maintain and couldn't really use for anything anyway.

Also good point that he must have noticed you putting a big fence up if he's ever looked out his back window in the last two years, so is being ridiculous to pull the 'I didn't know,' card.

TwitterQueen1 · 16/05/2018 17:00

So you definitely, absolutely do not own it? Are you 100% sure? It seems like the others (or CF idiot sofa man) believe you do...

ALiensAbductedMe · 16/05/2018 17:01

Ok...

To let path become unusable
OP posts:
bettytaghetti · 16/05/2018 17:02

Totally YANBU re path/neighbour but YABU for not providing a diagram! Don't you know MN rules for this sort of problem?! Grin