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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Access rights and garden gate

8 replies

Chrimellade · 27/06/2018 12:47

Hi I am having issues with a neighbour who has access rights across my property - I have no problem with the access rights and indeed others in the row of terraces and many of his tenants have extensively used the access right for many years. Unfortunately the neighbour is not a pleasant man having been a drug dealer for years, nearly killed a man for asking him to tone down his threats and language over the phone when the man's family could hear in their house and various other offences. He was out of circulation following the stabbing offence for several years and the house has had tenants since 2010, two of whom were really nice but left following issues with him as landlord. He then put a lot of security on the house, moved in a couple who were clearly drug dealing and converted his underground garage (only access to the front as back wall underground) where he now stays frequently.

Problems started when he and his tenant kept blocking in our driveway by parking across it - asked nicely that they stop doing that but after complaining to the council as they ignored my request - the tenant was given a parking ticket and the landlord then - almost in defiance - immediately parked across the driveway and got a ticket too. He was not happy and banged at my door and then put a note through the door. Knowing his history I did not answer and called the police. There was then nothing for a while as the police spoke to him but then I managed to buy some land to the side of my house. There is a right of way across my land - steps run up the side of my house which are currently open but will be fenced in over the next few days - it will have a gate across that is lockable from either side and each neighbour in the block will have a key given to them (security key which can only be cut by myself) - however in the meantime there is a garden gate to prevent others who do not have a reasonable right of access from going across my land and this has a sliding bolt across it - planning permission was obtained for the change of use of the land to the other side of the access way and the access way has in no way been changed to the future but this has led to a barrage of unreasonable behaviour in relation to the access way. There have been all sorts of people going across the garden since the purchase of the property has happened - nobody at the property responded to the planning permission but on finding out the owner decided to make threats in public in the most foul language possible in front of witnesses and children - he then threatened to destroy my life if I obeyed the planning permission given. I have ignored him as much as possible but the Council and police are involved due to his behaviour. For weeks he would go up the steps which are part of my property and enter my back garden walking across to the gate which led to the access path behind his garden. At this point, due to the fact the access path was impassable and there was an internal fence on the inside of this access with no gate so he could not actually access his garden, he would turn around and walk back again. I know this is all intimidation but had he had a gate in the internal fence in his garden he would have been able to go into his garden. However the emphasis is on the reasonable right of access given in the deeds - this is clearly not reasonable and the reasonable man test needs to be applied and hence the council's involvement as there is an anti-social behaviour/nuisance angle to this.

At the end of last month he decided that he would go up again - my gate has an internal bolt which anybody who was using the access way properly would just slide open. He could not do this due to the limitations of his internal fence and the overgrown access path behind his property. He decided to kick the gate and damage it and then climb over and remove the sliding bolt (please note no padlock). This is a criminal offence and since then my gate does not have anything to secure it and blows open in the slightest wind.

My question here is do I have a legal right to put a sliding bolt on my gate (and I am sure I do) in these circumstances. Legally true responses only please - he is quite welcome to use the access way and I have not ever tried to stop him?

OP posts:
Battleax · 27/06/2018 12:52

Bloody hell. I’d sell.

More to the point a recent similar thread attracted all kinds of nonsense answers. I’m not sure stipulating “legally true answers only please” will help. (The people talking rubbish are always convinced they’re right too.)

Good luck, though.

Schroedingerscatagain · 27/06/2018 12:58

Try posting on gardenlaw.co.uk for a legal answer

I know Collaborate one of the people who helps on there also pops into threads here if spotted and gives sound legal advice

I hate bullies, good luck

Chrimellade · 27/06/2018 13:13

Thank you - my mother has just heard him talking about building an office in the garden now - meaning business use across my garden though what sort of business I dread to think! Am going to check whether I can stop that with the Council

OP posts:
Chrimellade · 27/06/2018 13:14

Wish I could sell - think having somebody who deals drugs and who stabbed somebody 7 times nearly killing him in the process might devalue the house rather a lot though!

OP posts:
Chewie198686 · 27/06/2018 13:40

Cannot give an opinion until a crudely drawn diagram of the situation made in MS paint has been provided

Chrimellade · 27/06/2018 14:13

Can't do that on the iphone unfortunately - the access currently goes up steps to the side of the house at the top there is a gate to the access path which runs across the bottom of the gardens - when I moved in it was open and there was no internal fence either to my house or to the house next door, however nobody used the access other than the neighbour as he had two dogs including a pitbull and this prevented people from using the path. One of his tenants put an internal fence in with no gate just over a year ago so he has been unable to access anything. This was something that was in his power to resolve but he chose not to - however the question is not whether or not he can use the access path but rather whether it is legal to have a sliding bolt on the inside of the gate given that all those who need to use the gate for access to their property should simply be able to go through their own house and open the bolt - there is no padlock - his response to the criminal charge is that he wanted to stop me locking him out but the gate was not locked. He is guilty of theft and criminal damage but I wanted somebody who knew something about garden law to advise on whether I was correct that I can use a simple bolt to secure the garden. I work in law and am an Associate Legal Executive so know a fair bit about law but this is a bit of a grey area.

OP posts:
CanaBanana · 27/06/2018 14:21

Surely it's irrelevant what the legal situation is, given that this man is unlikely to obey the law or respect your legal rights. In your position I'd sell regardless of whether I made a loss. He sounds extremely dangerous.

Chrimellade · 27/06/2018 17:02

I understand what you are saying but this is my home - I am very part of the community and the street is full of lovely people with the exception of next door. My little girl would also hate to have to move. He is dangerous there is no doubt of that but he is very wary of the police - they were at my house yesterday checking that there was nothing going on and he was outside the house with a friend of his and I don't think I have ever seen anybody so clearly wanting to get away when the police arrived - he will definitely not want to go back to prison and with sufficient evidence I could get some sort of anti-social behaviour order. I just want to check that having a sliding bolt on the inside of a gate across an access path is permissible provided it does not have a padlock which requires a key.

OP posts:
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