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Neighbour misusing access pathway - what to do?

3 replies

Hedera · 06/05/2021 14:59

I moved house recently. It's an end terrace in a block of three. My neighbour (in the middle) accesses his back garden via a pathway that runs down the side of my house/garden and along the bottom. This is all in the deeds as 'a right of way at all times (but on foot only) over and along that part of the side and rear passageway as is coloured blue hatched black on the said plan and is included in the said property'. So the pathway is my property, but my neighbour has a right of way. I knew this was the case, and when I viewed the property last summer the pathway was clear if somewhat neglected. So far so good.

On moving in last month, I have discovered that the neighbour has a large quantity of logs stacked in the passageway - complete with corrugated plastic roof to keep them dry. The rear passageway is full, with a smaller amount starting to fill up the side passageway.

I have googled as much as I can but can't find a clear answer as to whether what he's done is ok, and I want to be really sure of the rights and wrongs of the matter before I tackle him. I made enquiries about advice from a solicitor, but they estimated thousands even for initial advice. :(

I hope someone can help?

Neighbour misusing access pathway - what to do?
Neighbour misusing access pathway - what to do?
Neighbour misusing access pathway - what to do?
OP posts:
catmandont · 06/05/2021 15:06

I would explain that as you actually owned it, and are legally obligated to give access over it, it has to be kept clear.

But ... Do you need the path to access your garden at all, or does it just serve to access neighbours garden? If it's the latter I think I would offer to sell it to him. Give him the choice to buy it or clear it.

leafinthewind · 06/05/2021 15:12

Do you use the side passage? Does anyone else?

Either way, if it's yours you could have knocked down the fence and incorporated it into your garden, as long as he still has access. He shouldn't leave his logs there. I'd say he's being a CF. Also, are the logs leaning on/potentially damaging your fence?

DawnMumsnet · 06/05/2021 15:41

The OP posted this thread several times, by mistake, so we're taking down all the duplicates and directing everyone over to the main one - here! Smile

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