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?

My boyfriend has a similar thing going in where he owns the garden to the left of his end terrace but his neighbour has “hanging rights” to put her washing out. She started leaving the odd thing out there - a garden chair etc. When a full-on gas bbq appeared that she’d “been given” he told her in no uncertain terms to move it or it would be disposed of.

Can you draw us a diagram?

I can't get to grips with the deed photo
What do YOU need to use the pathway for?

Can you have a word with the solicitor who did your conveyancing when you bought the house? They should have outlined any permissions/restrictions/covenants etc so say you want to double check this before you make a move.

@Yafilthyanimal

Can you draw us a diagram?

I can't get to grips with the deed photo
What do YOU need to use the pathway for?

It doesn’t matter what she needs to use it for! Access to her back garden I’d expect. But it didn’t matter, it’s her property.

Ah well that's your answer - previous owner let him store the stuff there and he'll just have hoped/assumed you will too. A polite, friendly word with him may well fix it - no need for panic and solicitors unless and until he refuses?

Hi OP. A right of way on foot allows to walk back and forth for the purposes of access, but absolutely not to store things there. The longer it goes on the easier it is for him to claim he has accrued rights, so I’d politely but firmly say they are causing an obstruction, you don’t want flammable materials on your land, to be responsible for them/risk they create (tripping etc) and so he needs to move them by X (being a reasonable period to move them). If he doesn’t then tell him again and say you will move them if he doesn’t.

It's also a fire hazard.

Do you also have access into this alley from your garden?

I think the fact that it wasn't there when you viewed the property yet he claims he had an arrangement with the previous owner tells you all you need to know. He must have removed it for viewings. Which means he knows full well he's in the wrong.
Class A cheeky fucker I think.

We have me of those and you're not allowed to block access which is what he's doing!
Just tell him it needs to be removed and stored elsewhere as you need access for builders or wheelbarrows etc...

I mean he's got enough logs stored there to keep him going for years!!

I'd also tell him it's a huge fire risk

The thing is, it's the OP's land.
She might want to use it for storage as long as she doesn't block the access, but she can't as its full of someone else's stuff.

Start burning the logs he’s obviously kindly given you by leaving them on your land 😂

Any previous verbal agreement with the previous owner of your house is not worth the paper it's not written on.

He hasn't agreed it with you and that's what matters now.

He wants to store logs? He can do it on his land. Which he can access through your land and which you can enforce legally.

Find another solicitor.

Here’s what I said on the other thread, so it’s all together.

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.

We had a similar problem with a neighbour using the shared alley to dump all sorts of unwanted rubbish (eg old mattress etc). They did remove it with a bit of huffing and puffing on their part once DH asked them politely but firmly. It wasnt really cheekiness on their part, more laziness.

I definitely won't go in all guns blazing straight away, but just sort of wanted to know what my next steps could be depending on his reaction to a polite 'please shift your logs'. Though it is a bit tempting to do a very theatrical 'you must cease and desist!!' Throw the logs one by one over his fence? Relocate huge log pile to outside his front door overnight?

@Hotcuppatea That might be an interesting tactic, explain 'right of way' using very simple words...

I'd go with "I'm sorry but you're going to have to move your logs as they are obstructing the access"

I have something similar relating to garages we have a right of way but can’t park or block the area v

This is the same, he has right of access over your land, but no right to store any belongings on the land

I would be asking him to move it

Throw the logs one by one over his fence? Relocate huge log pile to outside his front door overnight?

And then this 😂

🪵

As others have said - it’s a right of way over your land.
You could store things there, but not him, and only you could store items there so long as he could still access it as a passage way.
Tell him they need to moved.

Massive CFery from your neighbour. The path is shown within the boundary edged in red on your title plan, therefore the land is yours.
We have a similar setup with our car parking space at the end of a private road - we can "pass and re-pass" over land belonging to other people to access our own. We certainly couldn't set up a log store on their driveways.

Send him a picture of the title plan and ask him to remove everything by a certain date otherwise you will take it to the tip.

Don’t take it to the tip. Why should you inconvenience yourself.

Free cycle. Gumtree.

Come and help yourself to logs growing in my passageway.

He’ll shift em quick enough

I'd buy a woodburning stove...

Well right of way is not same as rights to the land. I'd just ask him nicely to move it. 1 it's a fire hazard and 2 it's narrowing his right to access, can you easily get a bin or wheelbarrow through it?