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Neighbour misusing access pathway - what to do?

5 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:
Billandben444 · 06/05/2021 15:14

I'd tell him that I need to have clear access as I'm bringing a lawn mower in in the next couple of weeks so he'll need to find somewhere else to store his logs by then. If he refuses or doesn't clear them then it's time to remind him what's in the deeds - he might never have looked so doesn't know.

Bluntness100 · 06/05/2021 15:17

If it’s just an easement in the deeds and right of access then it means they have the right to cross it, not store stuff on it. Unless rhe deeds say this is the case. If he’s only been doing this recently then he can’t sustain the right Ie it’s not historical.

No solicitor should cost you thousands for advice on this, that’s ridiculous.

Just ask him to move it.

Comefromaway · 06/05/2021 15:18

I used to have this when I was an end terrace of 3. Assuming the right ow way is similar it is your land and your neighbour has no right to keep anything on it.

4PawsGood · 06/05/2021 15:21

He must think it’s his land. It’s really not though he just has a right of access.
Pay for a copy of his deeds (£3 via the land registry) before you speak to him in case there is a mistake somewhere.

DawnMumsnet · 06/05/2021 15:36

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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