Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
youarenotkiddingme · 16/05/2018 17:02

Even if the OP owns it and the others have right of access and I don't think that means she has an obligation to clear it?

And certainly not to clear the whole path - the length of the 4 houses!

Bluntness100 · 16/05/2018 17:02

I'd just be very sure you don't own it op and they don't have right of way over your land. It's very easy for him to check who owns it and if he has a right of way, via land registry and if he has just lost some considerable money on his sofa he may come after you in small claims. It only costs about 80 quid, he doesn't need a lawyer, and he just needs to show you broke the law by denying him access.

I'd be very sure if I was you.

Wannabecitygirl · 16/05/2018 17:04

Following the diagram then you certainly anbu.
What a turd. I’m so pleased you refused to let him use your garden after he called you a tart!!

pigmcpigface · 16/05/2018 17:06

OP is quite clear that she does not own the path according to the deeds in her opening post.

If that's the case, then this is soooo not her responsibility. Anyone sensible would check the access before ordering something as large as a sofa.

WomaninGreen · 16/05/2018 17:08

OP, thank you for your diagram.

is the path normally accessible from the other neighbours' houses?

I can't see how he didn't notice it was so overgrown, what a rude weirdo guy.

Bluntness100 · 16/05/2018 17:09

Based on that diagram i would assume you own th section bordering your garden only , and it is crossed off on the deeds as you need to maintain it as a right of way ie you can't turn it into garden.

MikeUniformMike · 16/05/2018 17:12

Great diagram. Very clear.

BlueJava · 16/05/2018 17:14

I would just double check the house deeds to ensure it's not yours and there is not stipulation you have to maintain it - just in case. If it's nothing to do with you then you're certainly not being unreasonable able it. (As others have said who orders a sofa they don't plan to get in their house?!)

Original poster
ALiensAbductedMe · 16/05/2018 17:14

@Bluntness100 the crosses continue along the whole path and it clearly states that the access path has shared ownership of numbers 9, 10 and 11 which are the middle three properties. I do not own or have access to the path.

OP posts:
RallyAnnie · 16/05/2018 17:15

One argument might be that each house maintains then bit directly behind their land, in which case you would be responsible for a section of it. In that scenario he would have reason to be annoyed (but not to be insulting).

However I wonder if it's more likely that responsibility for the entire path is jointly shared between the three houses who reap the benefit of the path, in which case he has no reason to be annoyed and can Do One. You gain no benefit so shouldn't have to do any maintenance.

What came up on searches when you bought the house, presuming it's owned rather than rented?

Bluntness100 · 16/05/2018 17:16

Ok if the deeds state the access path is owned by thr other houses, then you're clear,,you did the right thing,,😁

Svalberg · 16/05/2018 17:18

I had exactly the same arrangement in one of my previous houses. There was a path at the back of my garden for access to the neighbouring 2 terraces. I had no rights to this path & was told by my solicitor NOT to access it or contribute to any maintenance as it was nothing to do with me.

TwitterQueen1 · 16/05/2018 17:19

Couldn't be any clearer OP. Might we worth dropping a note round to all 3 houses clarifying the situation, maybe with a few heavy-handed hints about assumptions.... Wink

RebootYourEngine · 16/05/2018 17:31

I would just ignore your neighbour.

SossidgeRoll · 16/05/2018 17:34

Dear Neighbours,
I have checked the deeds and to be clear the path behind all our houses does not belong to any one house.
I thought I might have been a "silly tart" and missed something that meant I had to maintain a patch of land that is not part of my house and provides access for other people! But no, the deeds make things quite plain.
Deeds to your house help you understand the square footage the doors, windows and most importantly the access - so useful! Especially when buying large items (maybe a sofa?) to ensure you can get it in! Be super embarrassing to order something too large.
All the best,
ALiensabductedme

Cary2012 · 16/05/2018 17:35

YANBU
I agree with earlier poster that he was feeling a prat and decided to take it out on you rather than admit he'd screwed up.
Bloke is bonkers if he expects you to clear a path that is nothing to do with you. Perhaps he'd like you to pop round all the neighbours and collect their laundry and do that for them too.

Turquoise123 · 16/05/2018 17:35

Would he have been so rude if you were a man ? I think not.

Given his rudeness you don't have to help him. No one would expect a man to help someone being rude to him.

Everyday sexism - and I hope you don't have to put up with him everyday or indeed ever again.

viques · 16/05/2018 17:36

I think we need a diagram. correction, I want to see a diagram........

A friend had a similar path at the end of her garden and along the back of a neighbours garden , since it only led to this one neighbour he sneakily annexed his bit of path and extended his garden, putting a gate on the end so he could still use the path! My friend couldn't annex her bit of the path as he still had right of way. She was not happy since technically the path belonged to the local council.

OP, I think you acted in the correct manner when confronted by a cf, he obviously hadn't used the path for two years, and only needed to when he had to buy a giant sofa on which to park his mahoosive arse .

expatinscotland · 16/05/2018 17:36

I wouldn't send out a note. Just pretend he doesn't exist.

WeWere0nABreak · 16/05/2018 17:36

I also agree - neighbour was angry at his failure to PIVOT and took it out on you. What a nob.

Knitjob · 16/05/2018 17:38

Does he have a partner? I wonder if she will come home from work tonight expecting a sofa only to find he has been a complete twat and they have to sit on the floor for another week.

DalmatianDots · 16/05/2018 17:41

I do hope somebody had to shout PIVOT at some point.

TwitterQueen1 · 16/05/2018 17:41

Love that Sossidge Grin Grin

viques · 16/05/2018 17:42

Oops missed the diagram.

Incidentally what sort of fencing have the other path users put up between their gardens and the path? Little walk overs or proper fences? I bet my bottom dollar they have proper fences with a locked gate for security.

DalmatianDots · 16/05/2018 17:43

No one would expect a man to help someone being rude to him

This