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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour and shared access

12 replies

lboogy · 06/09/2020 18:57

I live in a street of 1930s terraces. I'm on the end. Every 4 houses there is a side path which allows the houses in the middle of the terrace access round the back of the gardens.

Down the side of my house there is an access path which I believe used to be used for passing bins through but over the years lots of neighbours have let overgrow to stop random ppl having access round the back of the houses.

Anyway neighbour 3 doors down has had a broken fence for years and decided recently as her ndn had their fence done that she'd finally do something about her fence.

She came and asked me if she could have access down the side of my house so her builders could bring fence panels down the side path and into her garden. I'm assuming they can't go through her house. Anyway I said 'sure if you can get down there as it's overgrown with bramble etc'. She said 'you're supposed to keep it clear' which is true according to the deeds but since no one else keeps it clear (and my ndn is also responsible for maintenance) But she didn't go ask them. I asked her why she didn't ask her ndn who is closer and can also give her access and she said ' they are being awkward as usual' .

I'm still miffed at her passive aggressive tone re main fence of the path when on her side of the access at the back of her garden is overthrown and she can't get through unless she cuts back all the Ivy and other material.

Is she being cheeky? Should I hire someone to clear the path so she can get down there or tell her to talk to her ndn who can also give her access too?

OP posts:
Pipandmum · 06/09/2020 19:02

I'd only keep the bit you are responsible for clear, presumably each neighbour is responsible for the section that runs at the back of their gardens.
Also she could bring the panels through her house as they are unlikely to be higher than 2m, she just doesn't want dirty boots going through.

Stompythedinosaur · 06/09/2020 19:07

I wouldn't put myself out to clear it, no. She can do it if she wants access. I imagine that's what the other neighbour has said too.

BlueJava · 06/09/2020 19:08

Personally I wouldn't do it if no one else does - however if it's a shared path surely the responsibility of keeping it clear is between the 4 homes that share it (not just you because it runs down the side of your house). So if the 4 of you wanted to share the cost to do down the side and across the access at the back I assume that would be fair enough.

MyPersona · 06/09/2020 19:08

Also she could bring the panels through her house as they are unlikely to be higher than 2m, she just doesn't want dirty boots going through

Why should she have to put up with dirty boots going through if she has a right of access?

OP you are supposed to keep rights of way clear of obstacles. I’m surprised the residents of the middle houses put up with this.

alexdgr8 · 06/09/2020 19:11

just say, well if you want to use it, you'll have to clear it.
fair do's.
don't stress over trifles.

Krampusasbabysitter · 06/09/2020 19:12

Well, you can see why her other neighbours apparently have a 'bit of an attitude' then...

WeBuiltThisBuffetOnSausageRoll · 06/09/2020 19:50

Am I missing something here? If there's an access path every four houses and you're on the end and she's three doors down, is she not also on an end with a path down the side of her house?

Or do you mean that you're (say) house number 4 of one block and she's house number 3 of the next one? If so, does she actually legally have a right of way down 'your' pathway? Surely, she should only have access down the appropriate/closest one for her own back garden? The whole point of rights of access is to enable you to actually reach your own land where you'd otherwise be unable to - not to give you a free choice as to your favourite of several ways?

Either way, if she claims it as her right of access, she is equally as responsible as the other four/eight/however many houses are linked at the end by the various access paths for the upkeep. Just because yours happens to be the nearest house, I'm sure the path isn't noted on your deeds as your own property.

I agree with the PP: she sounds like she has a real talent in rubbing people up the wrong way and then wondering why they aren't falling over themselves to help her.

WeBuiltThisBuffetOnSausageRoll · 06/09/2020 19:52

OP you are supposed to keep rights of way clear of obstacles. I’m surprised the residents of the middle houses put up with this.

Where does it say that the person whose house is closest - who actually has no/less need of the shared path - is solely responsible for keeping it clear for everybody in any block who might fancy using it?

Potterpotterpotter · 06/09/2020 19:55

If it’s in your deeds that you are supposed to keep it clear and someone needs to use it then you should clear it.

MrsJackRackham · 06/09/2020 20:00

Tell her you were inspired by her letting her access be a haven for wildlife and nature so you did the same.

Toddlerteaplease · 06/09/2020 20:02

I'm having a similar issue. I bought the house from
My landlady. She said that the path belonged to next door, but that I had a key to the gate and right if access over it to my garden. It does not appear on my title deeds. The representatives next doors landlord says it doesn't belong to his property. As there is no gate into next doors garden. Not sure what hat to do about it. It's completely overgrown and I don't want to have to shell out if they should maintain it.

generalexpert · 06/09/2020 20:15

I have a similar setup, yet my side path is a road.

Depends how bothered you are about sorting it out. Look at your deeds (available on land registry for £6 for any house). This will explain the rights and obligations of each owner.

For the side roads it is usually the freeholder (either you or your neighbour) that is responsible for maintenance but with maintenance costs shared between all those who enjoy access.

Practically, I'd tell he that if the builders can clear it, they can use it. Otherwise the panels can just go through her house.

I have a very passive aggressive neighbour, so I can understand the joys.

Good luck.

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