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?

Well done OP.
I was thinking of you suggesting he could rent that bit ( with a proper signed agreement)

That really is taking the piss....incredible.

Aside from that, all you need is for some joker to set fire to it and you will have the towering inferno

well done you, you sound as if you were polite but firm.

Well done, OP! Keep us posted on Logs'R'Us!

Urgh. Stupid entitled old man!

Good luck OP!

It’s absolutely right that you’ve spoken to him. He just needs to absorb what you’ve said now.

I would actually drop him a note through his door to confirm what you said. You can keep it friendly but clear.

‘Dear X
Nice to see you this morning, and I must say how much I am enjoying living in X road.
Just wanted to confirm what we talked about today regarding the path at the side of my house. I have checked again on the deeds on my property and can confirm that the path at the side of my house is my property. You have access to it which means you are able to walk down it to access your garden, but it is my property and only I can store things on the path, which perhaps you had not realised. If you would like to see a copy of the deed, I am happy to make you one. It does mean that I will need you to clear everything from the path please, so 2 weeks seems reasonable, so if you could have everything removed by 22 May that would be great. If you need some help to move some of he logs, please say as we will be happy to help you.

Thanks for your co-operation and do say if you’d like some help.’

I think putting it in writing will help. Offering to help move the stuff will also help. I wouldn’t threaten solicitors etc at this stage. These kind of things can often be solved easily and with goodwill. If after 2 weeks there is no action, I would go and speak to him and ask him to tell you a specific date by which they will be moved. If he won’t do that or sets a date and then doesn’t move them, then I’d send another note listing the communications you’ve had with him about it and dates and saying that you’d like to solve this amicably but if he hasn’t removed the logs by X date you will need to contact your solicitor about it. Again, I’d offer to help move them.

With these things, communication is really important. Escalating too early creates unnecessary conflict and actually a positive relationship can often be maintained by a bit of friendly communication. Be friendly, firm and clear and work to start with in the basis that someone will probably do the right thing when asked politely. Only if they don’t is there a need to take it further.

@WaterBottle123

Urgh. Stupid entitled old man!

Good luck OP!

Stupid ageist crap.

I'm fairly sure the OP doesn't mention age.

And this could turn out to be so simple. It really isn’t necessarily a big deal nor a sign of a horrible neighbour at all.

If the previous owner was happy for him to keep logs there and if that had been the norm for many many years or across several owners, it could be it happened and he genuinely had no idea it’s your land. These things happen over time. The fact his logs are there doesn’t mean he will refuse to move them or be awkward or a massive legal battle will be needed or he will turn into the neighbour from hell.

It’s a pile of logs. In all likelihood it requires a conversation, which you’ve now had. A note helps to confirm that you do want the stuff moved and what the ownership issue actually is,which oerhaos he didn’t know. And in most cases, the neighbour will then make the logs. Issue solved. No big drama.

In some cases this won’t happen, but in very many it will be easily solved. But some people like to see a horrible old man, a nightmare neighbour and to make conflict where actually there isn’t any.

I'm not sure even op can store things there, they need to check the wording of the deeds. It may well need to be kept clear.

If the previous owner was happy for him to keep logs there and if that had been the norm for many many years or across several owners, it could be it happened and he genuinely had no idea it’s your land. These things happen over time

I'm pretty sure the OP said the alley was clear last year when she viewed the house before buying it.

I think Wombat is right, there is no need to escalate things at this stage, you have made politely clear what you expect.
Just beucase he has used your alley (maybe thinking it is ok) that doesn;t mean he won't agree to clear it.

You will be living next door to each other for maybe years to come, you dont want to fall out this early on.
It could be that the neighbour installed a woodburner after that and agreed with previous owner of OPs house that he could build a woodstore.

Yes, the pathway was clear (no logs, but a few weeds/brambles) last summer. I don't know exactly when the logs moved in - I made a pre-exchange check just before Xmas, didn't look at the pathway (so annoyed with myself for that) but on one of the photos I took of the garden from an upstairs window, a tiny bit of the log-hotel roof can be seen so some if not all of the logs were there then.
I don't know how long he's had the woodburner (might ask NDN on the other side if she knows?), but he also has a small wood store by his front door that looks like it's been there for a few years at least (from the plants growing up/over it).
I suspect previous owners of my house had said no to the logs and he saw a window of opportunity when he heard the house was being sold (and was empty for the last few months).

He probably knew it wasn’t his land, had been told previously, but thought you wouldn’t know that and would just accept what you saw when you moved in - ie the large log stores there.

To my mind, part of the problem is the fencing. With the access path separate like that, it does give the impression its not your land. Even though I guess he actually knows that, subconsciously the fences make it look like ‘no man’s land’ and thus he can almost justify using it.

Personally, I’d sort the logs as you’re doing, then think about a longterm solution to this. That would also help you in future and if you sold your house. I understand you want privacy so I’m not sure what a good solution would be, but even something like colour-coding the fences, or slightly lowering the inner fence of yours so that the other path fence is then shown to mark the end of your land.

Good work.

@BreatheAndFocus I think the problem comes from the fact that this particular pathway only leads to my garden and then his, so he assumes that because he's not physically blocking anyone else's access, he's ok. There are lots of other similar access pathways on the estate leading to various amounts of houses depending on layout. If my terrace was more than three and the pathway continued on past his garden, I don't think he would have considered installing his logs.

@WombatChocolate Thank you - offering to help move the logs and asking him to set the deadline date are both really really good ideas! Will tuck them away for the next conversation.

@Hedera

Yes, the pathway was clear (no logs, but a few weeds/brambles) last summer. I don't know exactly when the logs moved in - I made a pre-exchange check just before Xmas, didn't look at the pathway (so annoyed with myself for that) but on one of the photos I took of the garden from an upstairs window, a tiny bit of the log-hotel roof can be seen so some if not all of the logs were there then. I don't know how long he's had the woodburner (might ask NDN on the other side if she knows?), but he also has a small wood store by his front door that looks like it's been there for a few years at least (from the plants growing up/over it). I suspect previous owners of my house had said no to the logs and he saw a window of opportunity when he heard the house was being sold (and was empty for the last few months).

Oh this is realy interesting, so it looks like he has erected the wood store when the house was empty? I bet there was no agreement with anyone.

Cheeky bugger

I have a woodburner, and I know what he has done. We have a lareg garden and down at the bottome we have a large woodshed, it is full of trees/wood that people have given us when they have have trees cut down. It has to sit for 2 years before you can burn it, and it takes up LOADS of space

For anyone struggling to understand why this is a problem let's instead think about a public right of way across farmland. The farmer cannot stop people walking across the field, it's enshrined in law. But some CF comes along, notices that not many people seem to use this path besides him and the farmer, and builds a shed on that path. Now we have a serious infringement.

This is exactly the same. A CF has built a semi-permanent structure on land that does not belong to him. There is no "oh live and let live, what's the problem" in this scenario. It's a blatant breach of property law.

Total CF. He's trying it on.
Just tell
Him that you'd be liable for anyone getting injured walking downtown he alleyway as it's on your land so please move them into your own property boundaries if he comes back with any more nonsense.
Is is a fire hazard and also can rot the fence they're stacked up against - he needs to
Use his own land
Failing that tell him you'll sell the logs and use the money to tidy up his mess

No he can't block the right of way with anything. You need to firstly speak to him and explain this to him.

Unless he stops voluntarily it will cost you in solicitors fees to stop him legally. You would have to take him to court.

Go on the Garden Law forum to get better advice. It is your responsibility to maintain the right of way and keep it clear as you are the servient owner.

And a right of way only has to show on one set of deeds to be legally binding.

@Movinghouseatlast Wow! The Gardenlaw website is an amazing resource - I had no idea it existed. Have posted - will be very interesting to see the answers there.

Yes, a lot of the posters are retired surveyors etc and they know their stuff!

looking at the deeds map, the NDN has a large enough garden to store his own logs in. He just doesn't want it full of drying wood

@BruceAndNosh The plan makes it look more generous than it actually is - perhaps because the buildings aren't shown? NDN's garden is manicured to within an inch of its life - storing a MASSIVE pile of logs (and random bits of pallets/furniture/old doors) would spoil the effect. Clearly that's what my property is for.

Be aware that in allowing it to continue the NDN can actually acquire rights to use the passage in that way - although he’d have to use it for a considerable length of time. But still, it’s a good reason not to allow it to continue.