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AIBU?

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Original poster

Access across neighbours land

180 replies

user1483782091 · 09/11/2020 18:31

Bit of a long story, my first post. Not sure if my neighbour is on here or not but I guess irrelevant. We’ve been in our house 5 years and the situation for all that time has been that we need to open and close 2 gates to get into our property, with access over the neighbours drive. Basically I drive up to their gate off the main road, open it, get back in the car, drive through, close it, walk to my gate, open it, drive through then close my gate. A nuisance but we knew it would be a pest when we bought the house. They had a little dog at the time but it was hardly ever out. Then 3 years ago they got a big woofy hound that they leave out so we invariably have to wait for them to catch the dog and put it in before we can get in or out. We can never leave either gate open, even if we’re just popping out for 5 mins in case they let their dogs out and they would either get on to the road or into our garden (we have 2 dogs). There are 2 other properties who have the same access over their drive and the same issues with the gates and dogs. The gates were never there, my neighbour installed them when their son was little with the permission of the people who had access but it was supposed to be a temporary measure. Then they got the dogs and the disputes started (before our time). They are now selling their house and we asked if they could please tell any prospective buyers that the gates would be going as they were such a nuisance for everyone and they were only ever supposed to be temporary. She agreed but is desperate to sell so basically hasn’t really mentioned it to viewers and now they have buyers who want to keep the gates as they have a dog. We, and the other neighbours found out and have written to the current neighbours and the estate agent so it’s now a dispute. She thinks we’re totally out of order and ‘shits’ for potentially jeopardizing her sale. But she’s broken promises and lied. She seems totally oblivious of the constant nuisance that they cause all the neighbours. But I don’t want to jeopardize their move I just think the gates should be gone.
What a long boring post! But she and her husband have just knocked on the door and think we’re the worst people in the world. Are we?

OP posts:
Original poster
user1483782091 · 09/11/2020 20:31

@jetadore

Would the gates be acceptable without the dogs? ( I.e. no waiting around for them to herd the dogs, not having dogs in access area).

Anyway this is your opportunity to hange the status quo, so I'd dig your heels in on this dispute and get rid of the gates before it becomes 'custom and practice' with the new neighbour.

Yes, as they were there when we moved in. But we'd rather they weren't there tbh
OP posts:
Purpleheadgirl · 09/11/2020 20:33

It would be a shame if your work changed and you had to go out on call for eg....called into work at 11pm and got back about 1am, was called back in about 2am and got back in about 4.....and probably your other half has much the same during the day so there would be an awful lot of horn beeping going on......if the neighbours also had this sad issue they may think twice after a while....

Madcats · 09/11/2020 20:34

Do you have any deeds of easement?

Veterinari · 09/11/2020 20:40

They should be using their garden not exercising their pets in the communal access. What if one of you runs over a dog or accidentally lets it in the road?

Chocolatedeficitdisorder · 09/11/2020 20:41

Do you have any deeds of easement?

I imagine that the access rights have been written into the deeds of all the properties for a very long time.

This is not a tricky situation. The neighbour has a private garden which is detached from their house but they want to use the land (which has to be available for access at all times and for all purposes) that their neighbours rely on both practically and legally, to enter their properties. They've been chancers until now and they've got away with it.

New buyers will have to buy the house for what it's worth on the understanding that their garden is detached and they can't use the communal area for their dogs if they want to ensure their safety. Simples.

jrb123 · 09/11/2020 20:49

Oh you are so NBU. They are CFs. Hope it all works out Flowers

Morsmordre · 09/11/2020 21:09

@StoneofDestiny

Your neighbour only has the self to blame if their sale goes belly up - they were happy to ship out and leave you with a problem! Now they have to sort the problem.
Couldn't have put it better myself!
berryfull · 09/11/2020 21:19

They are just being lazy then? Just wanting to be able to open the door and let the dog out when it needs the loo rather than take it out?

Redtartanshoes · 09/11/2020 21:24

I love the laziness of them not wanting to walk 10m or whatever to put THEIR dogs in THEIR garden but they are happy to
Expect everyone to have to get in and out of cars and fuck about with gates numerous times a day. Like fuck I would. 😂

Honeyroar · 09/11/2020 21:26

Could you arrange to actually buy the strip of land that you have to drive across and have access over?

Chocolatedeficitdisorder · 09/11/2020 21:30

Could you arrange to actually buy the strip of land that you have to drive across and have access over?

There's no point in her doing that as she would still have to allow access to the other neighbours and she wouldn't benefit in any way. The OP is in a strong position as a dominant tenant. She can refuse to close the gates completely legally.

MummyMcMumington · 09/11/2020 21:42

Is there any way the land can be re-configured between the 4 properties so that the access and mad dog house garden are in opposite positions? Ie their garden straight onto the house and the access at the back?

Cherrysoup · 09/11/2020 21:43

If they were meant to be temporary then I’d stand my ground. Having to sound the horn/shout then wait is an absolute hard no from me, particularly as you’ve been promised the gates will go. The neighbour has lied to you about it, she can’t now blame you for putting the sale at risk. It’s her fault, not yours.

Disfordarkchocolate · 09/11/2020 21:46

Is there anything to stop her facing in an area for her dogs that doesn't effect your access, just part of their land?

Honeyroar · 09/11/2020 21:46

She’d benefit in the way of being able to fence off the garden of the house that’s for sale and not to have a gate or to have to wait for someone to catch their dog. Yes the other neighbours would still have access, but life would be generally easier.

TimeIhadaNameChange · 09/11/2020 21:47

What are you told when you bought, that the gates were temporary?

MummyMcMumington · 09/11/2020 21:48

Perhaps re-configure like this?

Access across neighbours land
Original poster
user1483782091 · 09/11/2020 21:58

@Honeyroar

Could you arrange to actually buy the strip of land that you have to drive across and have access over?
No I don’t think so. I wouldn’t want to really if I had reasonable neighbours!
OP posts:
Original poster
user1483782091 · 09/11/2020 21:59

@MummyMcMumington

Is there any way the land can be re-configured between the 4 properties so that the access and mad dog house garden are in opposite positions? Ie their garden straight onto the house and the access at the back?
Nope not possible 😟
OP posts:
Chocolatedeficitdisorder · 09/11/2020 22:00

Perhaps re-configure like this?

That would only be possible if the other neighbour agreed to it as I'm sure that their right of access is straight across the back of the middle house. Why would they want to have to drive round so many corners to access their home? I certainly wouldn't!

The middle neighbour has no right to make a fuss, it's just the way the land is and they way that the access rights have been granted to make sense of the land. The OP and the furthest neighbour don't have to do anything but stand their ground.

Original poster
user1483782091 · 09/11/2020 22:03

@Disfordarkchocolate

Is there anything to stop her facing in an area for her dogs that doesn't effect your access, just part of their land?
Yes she could, it wouldn’t affect me but it would affect the other neighbours on the other side
OP posts:
Fouroclockonamarblemorning · 09/11/2020 22:05

I can’t believe you bought a house knowing you’d have that faff every time you went out and came back. It sounds like a right pain and I’m not surprised people are fed up with the situation.

Original poster
user1483782091 · 09/11/2020 22:06

@MummyMcMumington

Perhaps re-configure like this?
Thanks for the suggestion but not possible as all the gates are only one car width. Also they have garages at the back of their garden
OP posts:
Original poster
user1483782091 · 09/11/2020 22:08

@TimeIhadaNameChange

What are you told when you bought, that the gates were temporary?
No not at all. My problem is not with the gates per se but not being able to open them freely if the dogs are out
OP posts:
Original poster
user1483782091 · 09/11/2020 22:11

@Fouroclockonamarblemorning

I can’t believe you bought a house knowing you’d have that faff every time you went out and came back. It sounds like a right pain and I’m not surprised people are fed up with the situation.
It’s in the middle of a village with very poor off road parking so we’re lucky to have it and opening and closing 2 gates is not an issue. Waiting for people to put their dogs away adds a different dimension to it 😫
OP posts: