AIBU Neighbour blocking right of access

[HouseIsOnFire]

Hello, me again! We have an odd set up - we're a row of terraces that have two gardens each, separated by a path along them, which (in the deeds) we have a legal right of access to that canntt be blocked.

End neighbour has put a large wooden planter over the path (1m long x 50cm high/wide), blocking it. This is used as an outdoor litter box for her cat (not sure relevant-just pissed off!) Deeds state must have easy access to right of way.

Needed access today, so asked a couple of days ago if it could be moved and it wasn't. Tried to move it today and I couldn't (am generally pretty strong so this isn't me just being a weakling, was hoofing about 25kg boxes of tiles over the weekend). I informed them I couldn't move it and would ask workmen to do so so they can access. Neighbour's response was it can be stepped over? I said I found it difficult to step over with the slippy ground and they would be bringing equipment in, though really feel like it doesn't matter how easier it is to step over? It's not meant to be there?

AIBU you can step over it so nothing wrong with it being blocked like this, is "technically" not fixed down

AINBU Right to unhindered access means just that, you shouldn't have to clamber over a planter full of cat shit!

I was planning to ask about putting a gate there instead (but thank gos its on the market so will wait for new owners!), but this is more I am seething and don't know if I'm being unreasonable??

Sales ploy. Does the description by the EA on the website state anything about the ROW? If not, I think I'd contact them and ask if they have informed any viewers. Or maybe you would prefer to wait until the bad neighbours are gone and lay down the ROW issue with the new owners?

We’ve had similar experiences

write them a letter and state that as you have right of access that they cannot place obstructions of any kind on it and that they need to remove it. State that if it’s not moved, you will remove it and any further attempt to block access will be immediately removed with no further notice.

and do it.

This, basically

100% this.

If interested buyers haven't come across this before or don't know the full extent of what it means, then their solicitor might point it out to them but they'll think "Vendors say it's never used and they've even blocked it off; we'll just do the same".

I'd rather wait to be honest because I want a gate (I'll pay for it, I just can't cope with trying to sort that with the present inhabitants) - not to lock or anything but to make my garden dog-safe.

It's in the deeds, it's a legal right, so can't see there's an issue, but it's just this whole blocking my stealth and suggesting "I can step over it" so it's fine I'm taking umbrage with!

retain the planter if need be. They’ll have to request it’s return

we still have loads of the neighbours shit they used to control our access road.

just do it and ignore. You have right on your side and they’re bullying arseholes

We have access rights across the back of our properties and we are not allowed to block them. People have put up gates etc but it must be easy access. A large cat litter tray is not an easily movable thing like a gate. She needs to move it.

This was my guess as well.
They are trying to suggest that the ROW isn't a real thing to prospective buyers.

Fantastic diagram x

That is fire access to the back of the houses, they need to move that sharpish

I seem to remember that the Fire Brigade will do a safety inspection, or used to, on a property. Might be worth asking.

I've never heard of fire access, is that a legal requirement?

Just ask them to move it and remind them of what the deeds say!

I did, but got told it was easy for them to step over so it was fine.

I said it wasn't easy for me (or rather I didn't want to clamber over a planter full of cat shit) and there'd be equipment coming in... and was told the equipment wasn't needed 😂

So the workmen moved it for me.

There is no "just asking" or reasoning with them...

Normally with a ROW you have the right to adequate width etc for a wheelie bin, wheelbarrow, etc. I think in the depths of time, there are legal precedents that it has to be the width of a horse's arse! So basically 1 metre or 3 feet is the norm. You're not going to be able to push a wheelbarrow or wheelie bin if it's blocked, even at low level, so you have every right to complain and insist the blockage is removed.

Yeah, clearly they are there to give the impression to purchasers that it isn’t used. Which would then lead to more trouble if someone buys it on that basis (even if it’s in the deeds).

And don’t have to step over it, you have a right to be able to walk through, and if they put a gate it needs to be one with easy access. I’m afraid you’re going to have to bite the bullet and insist on your right. Just do it politely, and factually, and calmly. Keep repeating what you want until you get an assurance they will be removed. I know it’s not a nice thing to do but otherwise people are CFers.

Wow, great diagram!

We need the links to your previous threads. :)

Hang on - you can't gate it and let your dog run free across both bits of your garden. That would be inhibiting the next neighbour along's ROW. The gate if unlocked would be OK, the dog would not.

You need to fence your dog in away from the path.

Oh, not my dog, I just have friends who visit with dogs - it would be supervised dogs at all times (I am a nice neighbour, I promise!), I'd just feel happier to have them fenced in.

Would be wide low gates that aren't locked and open into my garden so wouldn't impede path or access in any way!

This. Maybe a sledgehammer too

They need to move it. Access is access in addition if there is a fire it's a hazard. I would speak to insurance company and get a letter from them. Failing that get a solicitors letter out. That said - are you selling? You might not want to enter into a dispute.

I'd ask them one more time to move it. If they don't say you will be removing it and returning it to them by placing it on their property

Ah they are selling sorry I re read. I think tell them to move it and send a solicitors letter. If you aren't moving them open a dispute with them. They'll have to declare it when they sell. I bet they will remove the litter box. No one wants a dispute before they are selling

They're already in the process, sale agreed etc. Opening a dispute now would lead to possibly delaying them going and I REALLY don't want to delay that!

In a bad mood moment, I think I would put a big notice in my garden near the boundary of both your houses (or even stick it in the planter!) saying "This path is a legal right of way, do not block"

But you don't want to put off viewers either. I would be inclined to thank my lucky stars that they are moving on, and put the notice up on completion/moving day to alert the newcomers, or even knock in and tell them.

Can't you just move it? I'd just chuck it in the garden or in the alley if it was in my way. If they keep putting it there I'd keep chucking it.