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Original poster

Neighbour blocking my right of way

23 replies

QuBron · 27/09/2020 08:10

Hi all, long time lurker surfacing in the hope of getting some sound mumsnet advice

Came home from holiday last night to find some of the boundary fence & gate pulled down. Looks like our immediate neighbour has bought land from another to extend his garden.

My concern is he's very likely to reinstate the fence without the gate as he's always hated me using the right of way

Can anyone advise what I can do to nip this in the bud? And what do I do if he doesn't listen...

Thanks for reading

OP posts:
RhymesWithOrange · 27/09/2020 08:16

If he hasn’t done it yet then start paper trail with a polite letter reminding him of your right of way, including evidence.

Lolaloveslemons · 27/09/2020 08:16

Can you draw a diagram showing your right of way and boundary?

SD1978 · 27/09/2020 08:25

Is the gate yours or his? If his, why do you want him to build another one, what need do you have if the right of way- does it lead to your driveway, is it for walking on, or just something you can use if you want? Not really enough info on the right if way, and reasons he objects to you using it.

Original poster
QuBron · 27/09/2020 10:08

Hopefully will attach a diagram. We're one of the middle of 4 terrace houses. The other 3 have access to their gardens from roads to houses developed at the end of their gardens. My house is the only one with the original really long garden.

OP posts:
Original poster
QuBron · 27/09/2020 10:11

Bad diagram sorry

Neighbour blocking my right of way
OP posts:
Original poster
QuBron · 27/09/2020 10:24

I'm unsure if the boundary technically is mine or his, but he put the gate up when he re-fenced the rest of his garden. Before that it was just an open gap in the fence.
I would like another gate reinstated so I can use my right of way. If he fences it I will only have access to my garden through the house.
The window cleaners use the right of way, a builder used it last year when I had the rendering hacked off and redone, and I occasionally bring a barrow full of manure etc around the side.
He objects to me using it as he doesn't like people walking through his garden/ scaring his child/ being able to see in his house

He's also gated the front of the path, put up dangerous dog signs (hasnt got a dog) and has complained if we park in front of his house... he has form for being protective over "his" space

I would like to retain the right of way in case we sell, or in case we don't and have an eventual extension built. But also cos its mine and he's a bit of an @rse...

OP posts:
Original poster
QuBron · 27/09/2020 10:25

Thank you, I will have a neighbourly word backed up with a letter and copy of the deeds showing my right of way. I dont think it will stop him, but here's hoping

OP posts:
Beamur · 27/09/2020 10:29

Definitely remind him. Keep copies of any correspondence and go straight to a solicitors letter if he doesn't re-instate.

Saz12 · 27/09/2020 10:49

If you think it’s your boundary, then why don’t you say you need to keep the right of way, but ask if he would prefer you to provide / pay for a gate. That way you’re being “kind” rather than accusing him of being a wanker who’s intent on blocking your right-of-way (even if he is).

It feels quite confrontational to “remind” him. I can understand why he doesn’t much like the right of way being there, but obviously you need to retain it.

If he doesn’t then solicitor letter.

Original poster
QuBron · 27/09/2020 10:59

Thank you so much for the advice so far. Just for my understanding does it matter if its mine or his boundary, the right of way is still my right? Or does that just affect who pays for the boundary? If its my boundary I was quite happy having a gap in the fence. But I don't like spending money

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Original poster
QuBron · 27/09/2020 10:59

Also, is there any particular type of solicitor I should use? Really sorry I'm completely ignorant when it comes to legal stuff

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Saz12 · 27/09/2020 11:17

I think (not sure) that legally you’re don’t have to have a fence or whatever at all. You wouldn’t be legally obliged to pay for a gate rather than just have a gap. But I can see your neighbour wanting a gate to keep his property “separate” particularly if he has children or pets in his garden (I think most people would want that). Offering to supply a gate just an easy way to get him onside, and likely cheaper than a solicitors letter would be.

Ariela · 27/09/2020 11:51

Who owns the bit marked 'side path'? And do you have a right of way just along the red line? Or can you use beyond where it goes behind his house?
COuld you negotiate to move the right of way (he can pay the solicitors) to go down to house at the back then turn right into yours, thus giving him a bit of garden by his house over which you do not have ROW?

Judashascomeintosomemoney · 27/09/2020 14:57

Oh gawd, what Saz12 says, definitely. Whatever the details of the situation ends up being, go about this in a totally non confrontational way, even if he is an arse. You said you’re concerned that if you want to sell the right of way might be an issue but, if you do want to sell, a neighbour dispute will really be a problem as you would have to declare it.

Neron · 27/09/2020 16:16

Was going to suggest the same as Ariela. Pretty sure there was a previous thread/poster where there was a right of way, but it didn't state how, just that it should be.
This would mean your neighbour can have privacy and security, you still get to wheel your manure through when you want. Your neighbour can fence a bit off of the bottom of his garden, complete with a gate, or leave it open if you just want the gap.

SoloMummy · 27/09/2020 16:57

@Neron

Was going to suggest the same as Ariela. Pretty sure there was a previous thread/poster where there was a right of way, but it didn't state how, just that it should be. This would mean your neighbour can have privacy and security, you still get to wheel your manure through when you want. Your neighbour can fence a bit off of the bottom of his garden, complete with a gate, or leave it open if you just want the gap.
It depends whether the other 2 neighbours have any right of way also. If they do then it could mean zigzagging over the ops garden as well. Equally, if there should be access the other side of ops garden and there's no gate this could open a further can of worms for the op in needing to install a way through.
Neron · 27/09/2020 17:08

The other houses can access their own gardens from another means, the OP can only get to her garden through her house. She therefore has a ROW in to her garden, through her neighbours. If I've understood correctly.

OP will need to check her access and discuss with a solicitor specialising in this. As I said, from the thread I saw, I believe it didn't state that the access was in or had to be, in a particular place. The neighbour was legally allowed to shorten their garden and fence it off to provide privacy because they wasn't blocking access. They simply designated a cut through at the bottom.

ImaginaryCat · 27/09/2020 17:12

Do NOT let him bully you out of this right of way. Like you say, for a mid terrace it's useful to have direct access to the garden without going through the house, for building work, gardening, bins, etc.

I previously rented a house where the neighbours had right of way. Yes, it was annoying, yes, I wish they didn't, but no, I never tried to stop them.
Then, when buying our next home, there was one we viewed where I spotted the gate in the fence. Asked the agent and yes, there was a right of way. So that house was a non starter. I never again want to live in a house with that. But your neighbour must have known that was the set up, so he would be an absolute twat if he tries to remove that right.

StCharlotte · 27/09/2020 17:17

We have a right of way like this. As does our other neighbour through both gardens. The bin men used to use it. We use it maybe once a year, if that, and we "ask" the neighbours first, even though technically we don't need to and depending on your deeds you probably don't need to either. There's a gate on both sides.

If he fences it off and you do need to get a solicitor' s letter, any conveyancing solicitor will do but you might have to spend some money - sorry! Think of it as an investment Smile

Pinotpleasure · 27/09/2020 17:21

Take a look at www.gardenlaw.co.uk

There are subsections/topics for boundaries and for rights of way in the forums. You may just find the information you need!

Hope this helps 🙂

SD1978 · 27/09/2020 23:20

That is a very intrusive right of way, which I know isn't your point. Going along the back fence of his garden would have e been much better that having the right to traipse past the back of his house like that. Ultimately though- you don't know what he's replacing it wi Th. And until you do, not much you can do. If he doesn't maintain access, you can request/ demand him to. If the relationship is already not great, asking in advance will probably not improve things

Comefromaway · 28/09/2020 11:35

The next door neighbour at my first house used to have right of way like that through our garden. They used it to take the bins to the entry and occasionally if they needed to take something heavy into their garden. I didn't find it intrusive.

If you see any sign of the fence being reinstated I would definately remind them of the right of way.

Original poster
QuBron · 08/10/2020 11:00

Hi all,

Very many apologies I'm so late with an update for you all. It was a bit of a false alarm, neighbour intends to replace the side gate in the same location, so the right of way has been maintained. It was very helpful having advice from you all, I was prepared with offering to pay for the gate, but also had solicitor numbers lined up. Sadly, none of the deed plans show what the right of way should be. Im still pursuing this in case of future shenanigans. Thank you all very much for your help

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