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?

Do you need access past the log pile? Deeds normally give a clearance required to be maintained. Is it separate to your garden? We have similar arrangement with ndn (not attached) for side access and both leave bins there but 1m gap should remain.

@SweatyBetty20 I tried her first (I'm really annoyed that I didn't recheck the pathway the couple of times I went to look again at the house after the offer was accepted) because I thought if the issue had come to light during the purchase, she would have had to deal with it. Maybe she was breathing a sigh of relief that I only found out after completion. Hm. Although the neighbour doesn't know that...

@BruceAndNosh Yes, there is a gate into my garden halfway along the side passageway, then the rest of the path goes just to his garden. So, I suppose he feels I shouldn't be bothered because he's not affecting my access at all.
It's very frustrating that I can't use it at all myself - because it has to be clear for his access at all times!

@giletrouge It's pretty permanent. I think it arrived after he found out the house was sold - so sometime between September and April.

@4PawsGood I can't believe he really thinks it's his land. I suspect the previous owners of this property have said 'no' to the log idea and he's seen his opportunity to pull a fast one.

@SoupDragon But he's only obstructing his own access?

@SheldonesqueTheBstard I like the way you're thinking... :)

Can you say your going to update the passageway as in remove the fencing in favour of shrubs etc

Flipping heck, that's a hell of a lot of logs! Start by telling him he needs to move them by X date because he has a right of access only. Follow it with a letter. If he doesn't comply a lawyer will charge very little for a formal formal letter.

But he's only obstructing his own access?

Put a gate in your fence "to bring bikes through" and he's obstructing your access too.

Anyway, it's your garden, even though it's fenced off. He's obstructing it.

Is it a weird thing where you both own the land? We have that in our cul de sac - there is a semi circle of land (space for 3 big cars) that we all own and have equal rights of access with nobody being allowed to block it... in reality it’s outside 2 houses who use it to park. I’ve never challenged because it’s of no use to me and if they didn’t park there they might want to park it where we park our 3rd car so I’d rather they use that odd space. Legally they shouldn’t because we all own it. (It’s 10 houses away the furthest end of the cul de sac not actually in my road but was part of some odd development negotiations.

@CombatBarbie I will ask him nicely first, though I'm anxious that he won't back down quickly/easily/happily as he's clearly put significant time and energy into creating his log storage facility. I need to summon up the courage to tackle him soon. :/

@LIZS No, I have no real reason to go any further than the gate into my own garden. The only thing I can think of would be to paint the other side of my fence, or to keep the space clear. FOR HIS ACCESS. GAH.

It’s a fire hazard on your property - end of discussion

Technically it is your property over which he only has a right of access. Could be a fire risk and cause damage to your fence.

Thank you everyone for your help and advice. You've confirmed what I thought the position might be. Now I just need to be brave and firm and not be pushed around.

It’s a fire hazard on your property - end of discussion

OP This is the same thing that happened to me. My neighbour was blocking a fire exit and had to move the stuff in the end. If he didn't I would have done it and would have dumped it all in his front garden.

We had exactky the same situation, and took solicitor advice.

We were advised to put it I writing (keep a copy) and sent via recorded post (felt daft) to say the neighbour did not have permission to store anything and quoted the rights of access passage.

Neighbour was shitty before when I politely asked him to move it (my DH couldn't get his bike past the stuff that was there to access our garden) but he moved it all after the letter.

I hope you haven't got a shared chimney with him.
That's just daft, especially pic 3.

@Hedera

Thank you everyone for your help and advice. You've confirmed what I thought the position might be. Now I just need to be brave and firm and not be pushed around.

My solicitor was clear that it's vital you put it in writing as if the stuff is there for a period of time they can get away with it.

Be very firm! They have no rights except access, it's your land.

Our neighbour did start putting stuff there again a while later but the stuff then magically disappeared...he doesn't do it now.

You could put in a gate in your back fence at the very end of the 'access path' ie very close to his own gate and claim that to be your main access gate. This means the whole access path is shared now and there is no part that 'only' he uses. You could block off your old gate and claim that one was inconvenient. Round about way of keeping the path clear

I’d just simply have them removed. I’d have a company come and skip them away. You could then just claim that they were fly tipped so you had them removed. If he complains send him the bill. I hate people who take the piss and are so entitled.

A right of way does not give him the right to trespass on your property. How would he like it if you started storing items in his garden? Politely ask him to remove it, escalate if he doesn't do.

I’d start taking the logs and burning them and if he says anything just say it’s stuff on your property. He needs to move it cheeky sod. That’s outrageous

I'd go around and just say I wanted to clarify the right of access

I know you have right of access -and that's fine. But you are blocking the access and storing large quantities of items on it -it isn't your land it's mine-which are a fire hazard -can you move them within 7 days please. My insurance company aren't happy and says it needs to be moved swiftly.

OP, you've just mentioned that half way down the alleyway you have a gate to access your garden

How about the NDN stores their wood beyond your gate only?

Everybody is happy(ish) then, just thinking of neighbourly relations. You don't actually need to use the section past your gate?

If you go down this route probably best to mention it's okay but only for firewood, you don't want other things appearing down there, sofa, fridge etc

@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?

What do YOU need to use the pathway for?

It doesn't matter at all what the OP needs the pathway for.

The next door neighbour is being a CF by storing his logs on her property.

How would you feel if your neighbour decided to just dump a load of stuff on your driveway for example?

How about the NDN stores their wood beyond your gate only?

Would you be happy with a neighbour storing stuff on your land?

Looking at the photo it appears that this path has been fenced on both sides and it may appear to your neighbour that it is just a path inbetween two gardens which is why he is treating it like that.

If you were to take down the fencing on your side that would help to emphasise that this path is, in fact, part of your back garden that he is walking through.

If you still want to keep some separation between your garden and this path then, as @CombatBarbie suggested, plant a few shrubs along the route (hawthorn is cheap, has pretty flowers - and also thorns).

From the photo, it appears that he doesn't actually use the path through your garden on a regular basis for actually passing and repassing on foot (as it's blocked with his bloody logs) so it's likely that he wouldn't be using it much anyway and you will have gained some extra space in your garden

@BingBunnyIsAnnoying

OP, you've just mentioned that half way down the alleyway you have a gate to access your garden

How about the NDN stores their wood beyond your gate only?

Everybody is happy(ish) then, just thinking of neighbourly relations. You don't actually need to use the section past your gate?

If you go down this route probably best to mention it's okay but only for firewood, you don't want other things appearing down there, sofa, fridge etc

That sounds a really bad idea altogether. The next door neighbour has just dumped a load of stuff in the OP's back garden.

At the moment it looks like this is a separate pathway between gardens due to both sides having been fenced. However, this is misleading and it is the OP's back garden.