Neighbour misusing access pathway - what to do?

[Hedera]

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?

I wouldn't think so,its a right of way so its about using it as a route to get somewhere, not to.use as storage?

Have you mentioned it to them ?
He has a right of way, not a right to store things.

Does it say right of way for the owner of the property, meaning visitors or work men have no right of way ?

Is the access path on your land, within your red boundary line? If so, surely he is keeping stuff on your land, which can’t be ok?

I made enquiries about advice from a solicitor, but they estimated thousands even for initial advice

Just for initial advice, that sounds way out of line. I'd suggest that you shop around. A one off appointment with a solicitor does not cost £thousands.

He is not allowed to do this.

Right of way means he can walk over it, and carry stuff over it, but it is not his land and he is not allowed to store stuff on it.

I would speak to him, and say nicely - please can you remove the wood from the alley way as it is your and you do not want wood stored there.

If he reacts negatively, then I would put it in writing. Give him a deadline too.

If he refused, then you need a solicitors letter, saying it will be disposed of after xx date. Then you hire a skip and chuck it all in.

You own the land. He has a right of access on foot over your land.

He needs to move his stuff off your land.

Definitely not OK. Speak to them in the first place and alsay you want to cleared - try to keep things civil at this stage!

If they're an arse about it, reported it as fly tipping to the council and have it removed

Who actually owns the land he is storing them on?

Where they there when you viewed the property?

Sorry have re-read and the walk way is on your property.

I think what other's have said i.e speak to him first and then send it recorded delivery with a deadline to move them

As the others have said it’s not for him to utilise for storage.

Hi there X

I've just seen that you have stored lots of logs along the path as well as building a shelter for them. You might not be aware but in fact, although you have a right of way across it, that land belongs to me and cannot be used for storage by others. Do you think you could move the logs please - shall we say by [date in 2 weeks] to give you a bit of time? And could you let me know that you've seen and understood this, too, by the end of the week?

Cheers,

YourName

OMG help! How did I manage to post that so many times? So embarrassing! Is it possible to combine the threads? Or delete? I'm so sorry!

It seems like he's decided to turn your land into a makeshift log store. YANBU to ask him to move it.

If he doesn't move it could you report it as fly tipping.

If you report the duplicate thread I am sure one of the mumsnet team will removed the less used ones for you.
As for the logs your neighbour is totally taking the piss, but perhaps the previous owner agreed to it. You really need to ask.

If the access path was clear last summer when house was being sold, he's obviously started his store since it was sold, hoping you will be a pushover.
Do you have a wood burning stove?
I'd start using up his logs!

As others have said, no he can't store things there without your permission as it is technically your land.

Although, I'm wondering if, as you only moved in last month, he perhaps had an agreement with the last owners and they didn't mind and he just hasn't thought that new owners may not be happy with it.
Have you spoken to them? Or would you be able to talk to them?

Could be an easy solution to the problem if it is just a simple case of them not realising and a lot cheaper than a solicitor initially

@LolaSmiles

It seems like he's decided to turn your land into a makeshift log store. YANBU to ask him to move it.

If he doesn't move it could you report it as fly tipping.

Unfortunately council's won't act when the fly tip has taken place on private land.

Hotcuppatea
That's a shame. It seems like it gives a green light for cheeky people to dump their stuff wherever they like.

I think you'd always want to try and resolve this amicably at first if you can. Save your lawyer's fees and have a conversation first. You can always escalate later if you need to, but I wouldn't go in guns blazing when I have to then live next door to them afterwards.

We share right of way with several neighbours over an alley way that runs along the rear of all our properties. Lots of people just don't understand what that means and we always have to explain the situation to people when they first move in. It's a bit of a pain to be honest.

@LolaSmiles

Hotcuppatea That's a shame. It seems like it gives a green light for cheeky people to dump their stuff wherever they like.

It's really annoying. We are constantly having stuff dumped in the alleyway behind our house and paying to remove it.

Send him an invoice.. You are a right of way not a storage facility..

Yup as said, you own the land, he merely has right of access across it. You can store things on it so long as you don't limit his access right. He has no right to store anything on it.

Just be polite about it, say it came up when you were purchasing, hence it being fresh in your mind, but you're happy to give him some time to relocate the log store. He probably doesn't even realise.

@schroeder Thank you so much! I hope I've done that correctly. Feel such an idiot, and everyone's been so kind with their advice. Think I'd better go back to lurking. It's safer. :/

@BruceAndNosh Yes, I think you're right, he thought I wouldn't be brave enough to object.

@Lou98 The neighbour did mention something about an agreement with the previous owner (but the previous owner had moved in with his girlfriend some time before and the house was occupied by a ?friend or ?brother so I guess the owner didn't actually care?)

Have a word.

If he doesn’t remove it - lob it back in his garden.