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?

@WombatChocolate

I think you’ve handled it well. You have been firm and pleasant. You have shown some flexibility over date and haven’t been aggressive or rude. Too often people see their own rights infringed and respond aggressively and rudely rather than spotting that a carefully thought out and moderate approach usually delivers much better results than a knee jerk reaction of fury.

Threatening lawyers or removing of stuff should be far down the line and reserved for if other approaches don’t work. And usually the lawyers won’t be needed and relatively good relations can be maintained....far better. Giving a little bit of way about the timescale is fine. Insisting on a tight time frame isn’t totally necessary and allowing someone to save a little bit of face and feeling they have been involved in deciding the timeframe can help keep things amicable. There is no need to push really hard, especially at the start.

The future relationship with this neighbour looks positive to me. He knows Op isn’t a pushover, but he also knows she’s reasonable and not a horrible cow determined to make him feel small...she has behaved in a humane way and that will count for a lot. In all liklihood they won’t be neighbours who are friends, which is absolutely fine, but after today and after the last logs are finally moved, they will be able to say ‘hello’ or ‘how are you?’ In the street when putting their bins out. If they pass on that communal path they might exchange pleasantries about the weather, rather than hating each other or starting a vendetta which could be avoided.

So many neighbour wars on MN started from issues like this one and the early handling of it can either escalate it or dampen it down. Some people like a fight and then don’t take any responsibility for having helped fuel it. I think Op is doing well.

If I were her and the final logs were still there after most have been moved in a few days, or close to the deadline, I would offer to help move them. It’s not about ‘having’ to, but it’s gets the job completed faster and also again, being a bit human isn’t a bad thing in these situations. Insisting on the letter of the law and every ounce of your rights to the queickest timescale isn’t usually the way to deliver best long term results...and it’s important to bear the long term in mind, and anyway, OP can be the bigger person here and rise above grumpy man who feels hard-done by. She doesn’t NEED to be unpleasant or insist the logs are gone by next weekend.

Very wise words. You should be a professional mediator- if you're not already!

It's always better to get on with your neighbours, annoying though they can sometimes be. I exclude the nightmare ones from that.

Nicely done OP.

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great post from Wombat, I agree completely.

I think your interaction with him today was spot on, he knows you mean business and that he is actually going to have to move them, and not in 6 months time either.

Well done OP!

Well done OP- nicely handled! Glad to hear there's been some movement today.

You're handling it brilliantly.

Well done.
Even if he cant get his new shed built in time, there is nothing stopping him moving the logs to the end of his garden in the interim. Not your problem

Any movement on the logs @Hedera?

@QueenStromba Yes, the logs on the side pathway were all moved a week ago. The fence does look damp and a bit mouldy/rotten at the bottom where the logs were stacked but hopefully it can be rescued with a good clean and some preservative. When it finally stops raining... I'm very glad he has agreed to move all the logs because it does look like they were affecting the fence after all. Just like I told him they were.
The logs at the end of my garden can't be moved until he's sorted out the new shed/log store arrangement in his garden - which he has been working on most days. Hopefully it'll speed up once we get some better weather. Fingers crossed :)

What a win op!!
A rare thing irl!!

Nicely done OP

OP...this is a triumph. I want to be you when I grow up 😁

That's great news, well done 👏 @Hedera!

Out of interest, where did he move the logs to ?

Are they all gone now?

@Hedera given all this lovely weather, how's the tardis shed coming along? Have the logs moved now?

Hi all - there was HUGE amounts of crashing and banging coming from behind the fence yesterday and today. I think that was the roof structure/supports finally coming down - the whole thing had clearly been built to last. He's obviously very practical and thorough and to be fair, he has now moved almost everything from the pathway as he agreed.
@Mix56 - He dismantled his shed and rebuilt it as a log store. He said something about getting another shed as well? I suppose to house all the stuff that came out of the first shed.
He's worked pretty hard and I do feel a teeny bit guilty, feel like I ought to say 'thank you', but then I have to remind myself that IT SHOULD NEVER HAVE BEEN THERE IN THE FIRST PLACE!

Well done! A great result.

I just cannot begin to imagine the cheek of some people. Like you wouldn't notice a log store on your land?!

So glad you asserted yourself and got a good result. I used to live next door to someone who sounds exactly like your neighbour. We pandered to him when we moved in as we were new, young and stupid! Resulted in us moving in the end!

Excellent result!

@BruceAndNosh

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!

That's just what I was thinking . . .

Sadly, it would probably technically be theft rather than Just Revenge.

Yay! Brilliant result!