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Original poster

Neighbour misusing access pathway - what to do?

247 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:
BruceAndNosh · 07/05/2021 11:23

Maybe the OP needs to store HER logs there...

Shadowboy · 07/05/2021 12:13

Just a different perspective- if I was buying a house and I found out the neighbour was using it as storage it would make me very uncomfortable and would put me off buying fit a number of reasons.

That’s a rat run/haven
I’d feel like the neighbour was a cunty bugger and I’d not want to live near someone like that
I’d also be annoyed I couldn’t get my kids bikes and wheelbarrows down there for my own purposes. It would be a deal breaker for me.

Original poster
Hedera · 07/05/2021 12:42

@steppemum The only other access to his garden would be through his house. The right of way is specified in my deeds, though I can't see it in his (from the £3 Land Registry copy). It's definitely clear from his plan (another £3 to the Land Registry) that he doesn't own the pathway. If he's never seen the plan for my property, I suppose he might claim he didn't realise I own the pathway land.

@Shadowboy Absolutely. This is one of the big reasons to get the issue sorted asap. I don't know how long I might stay here and want to avoid any questions from future purchasers.

OP posts:
EdgeOfFortyNine · 07/05/2021 12:49

Would it be worth contacting your home insurance company? Some of them give free legal advice.

LIZS · 07/05/2021 13:18

If you have only recently moved go back to your conveyancer for clarification. Were the vendors asked about it , was it like that when you viewed or has ndn taken the opportunity since in hope you would not object?

notapizzaeater · 07/05/2021 13:27

Rubbish, he will know, he's hoping you don't and presume it's always been allowed.

LolaSmiles · 07/05/2021 13:49

Rubbish, he will know, he's hoping you don't and presume it's always been allowed
I agree. He's probably relying on you wanting to avoid conflict and any awkward conversations. That's one of the standard Cheeky Fucker tricks.

cabbageking · 07/05/2021 14:03

Did the solicitor query the upkeep of the passage?

I suggest as it has been fenced off from your land it had become a bit on a no mans land.

You may wish to remove the fence on your side and replace it with a low hedge?

But before you do anything have a conversation with the neighbour about keeping it free for access? The previous owner may have agreed he could store it there?

Waspie · 07/05/2021 14:18

If the passage way past your gate is of no use to you OP you could offer to sell it to the neighbour. You could retain ownership of the part to your gate with the right of way in favour of your neighbour as it is now but sell the rest of it. That way you would have no need to worry about potential upkeep.

justchecking1 · 07/05/2021 15:16

Even if it was his land after she sold it, wouldn't she still have cause to complain? I thought you weren't allowed to store things right up against your neighbours fence because of the damp/damage issue?

InescapableDeath · 07/05/2021 15:34

I think it's quite unusual to fence off an access path, as technically the land is still yours. But a previous owner perhaps did it for privacy - however it does create the impression that you never need to use the part of it past your gate. I would be tempted to take it all down and make your garden bigger - he will of course walk across it though.

Rollercoaster1920 · 07/05/2021 15:38

It is really common to fence of an access path. Better than having someone walk through your garden. Also no open access to the street.

Actually is there a gate on the pavement end of the access path? You could fit one, but if you fit a lock you would need to supply a key to the neighbour.

steppemum · 07/05/2021 15:46

Actually I think offering to sell part of it is a good idea.

This land is 100% useless to you.
It doesn't go anywhere, you can't use it for anything as he has to have unrestricted access, you can't reincorporate it into your garden as he has to be able to walk over it.
I would serious think about selling him part of it.

OhMrDarcy · 07/05/2021 16:03

I know it's hard to be assertive with newish neighbours but you need to think about the disadvantages of the current situation

  • you will get rats/spiders etc in there
  • the fence will get damp and need replacing - we stacked logs against a stone wall and the plasterwork on the inside bubbled and blew within a year. Ventilation is key to things not rotting
  • fire hazard - both with keeping lots of flammable things there and also for access by emergency services should they need to.
  • it's your land not theirs.
  • when you come to sell it will put people off.

If you sell it to him then you'll still have a rotten fence to replace soon and rats all over your garden.

UpTheJunktion · 07/05/2021 16:36

I definitely wouldn’t sell it to him.

I would want to keep all my options open for my own access, and though the ROW could still be maintained it would be hard to manage it because his storage use would get more and more extreme.

Original poster
Hedera · 07/05/2021 16:41

@Rollercoaster1920 There is a gate at the pavement end of the path. The neighbour and I both have keys - I think the previous owner of my house kept a motorbike there so the padlocked gate provided extra security to both houses.

@steppemum I don't know how possible? straightforward? it would be to sell off part of the path but it would leave my garden surrounded by his property. I think that would be very off-putting to future purchasers!

@OhMrDarcy I'm tempted to say that 'you may not have been aware that the path is actually my property, but now that you do know...?' I hope that he's smart enough to spot a way to save face and prevent more hassle. I can only try.

OP posts:
InescapableDeath · 07/05/2021 17:33

I guess it depends where you are, where I live it's more a right of access across a garden than a specific path as per the deeds here, so that's why I haven't seen it much. I think OP needs to weigh up what is more important here - the neighbour may not understand why she is bothered if she never uses that space.

Original poster
Hedera · 07/05/2021 17:45

So we had a little chat-

Me: The logs that you've got stored on the pathway? You might not have realised, but it's actually my property?
NDN: But it's a right of way.
Me: Yes, but it's my property. If you want to store logs, you need to do that on your property, not mine. Please could you move them.
NDN: Which ones?
Me: All of them.
NDN: Where else am I going to put them? That's an awful lot of logs!
Me: YES. I KNOW. (I didn't say that bit out loud.) I'm afraid that's not my problem.

Someone's not a happy bunny.

He disappeared into the house before I could give him a removal deadline, but I took more photos to record the current state of Logs'R'us and will be enquiring into progress if there's no action shortly.

OP posts:
BruceAndNosh · 07/05/2021 17:46

You don't need to be aggressive but politely make it clear that the passageway is yours, it was clear last year before you bought the house and you expect it to be clear in the future.
The woodpile will definitely damage your fence over time.
I would ask /tell him that you want the new pile he's started in side Alley removed immediately, and maybe give him a couple of weeks to move the back alley pile, either into his OWN garden or by free cycling it

BruceAndNosh · 07/05/2021 17:47

Cross Post!

viques · 07/05/2021 17:52

@Hedera

So we had a little chat-

Me: The logs that you've got stored on the pathway? You might not have realised, but it's actually my property?
NDN: But it's a right of way.
Me: Yes, but it's my property. If you want to store logs, you need to do that on your property, not mine. Please could you move them.
NDN: Which ones?
Me: All of them.
NDN: Where else am I going to put them? That's an awful lot of logs!
Me: YES. I KNOW. (I didn't say that bit out loud.) I'm afraid that's not my problem.

Someone's not a happy bunny.

He disappeared into the house before I could give him a removal deadline, but I took more photos to record the current state of Logs'R'us and will be enquiring into progress if there's no action shortly.

Well done. Doesn’t sound as though it came as a huge surprise to him , or indeed any surprise to him, so I think he was taking the pee and hoping you either didn’t know, didn’t care or were too scared to say anything.

Flowers for standing up for yourself.

Wizzbangfizz · 07/05/2021 17:54

Well good for tackling I hope he moves them!

Original poster
Hedera · 07/05/2021 19:30

@viques He got very defensive very quickly. I'm pretty certain he knows he's in the wrong, but I was trying to be generous and allow him to get out gracefully. I don't think he noticed. What an entitled arse.

OP posts:
Ellmau · 07/05/2021 21:56

How about "Thank you for the logs!" implying they're a gift to you?

SylHellais · 07/05/2021 22:13

Nice one. I bet he won’t move them till he’s forced to though.

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