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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:
DinoHat · 08/05/2021 20:00

@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.

His response is priceless. Can you park on his drive and ask where else you should park?

Or let your dog shit on his front lawn and ask where else it should shit?

Disfordarkchocolate · 08/05/2021 20:18

I can't believe your considering letting him set the date to have them moved by and offering to help move them. If he's had the time and energy to do this since Christmas he's fit enough to sort it out quickly, and without help from you!

Aprilwasverywet · 08/05/2021 20:19

Throw one a night over into his garden to remind him to bloody shift them!

Aprilwasverywet · 08/05/2021 20:21

That way both of you are well aware how long it's been since you politely asked the cf to move them.

Original poster
Hedera · 08/05/2021 21:28

@Disfordarkchocolate I know he's in the wrong. I think he probably knows he's in the wrong. But he seems to be the kind of man who doesn't take kindly to having a woman point this out, so for the sake of trying to keep the peace (because I've got to live here for the next while), I'm prepared to let him think he's still got a say in the timing. Sigh. The way you do with stroppy toddlers. Don't worry, I'm not going to be pushed around any more :)

OP posts:
Aprilwasverywet · 08/05/2021 21:56

Not sure if it's been suggested but buy yourself a firepit.... Nice cosy nights in your garden.. Fuel readily available..

BruceAndNosh · 09/05/2021 08:17

If he claims to have trouble moving them, say you are happy to leave the gate unlocked for 2 days after he offers them on freecycle or Facebook marketplace.
They'll be gone!

CovidCorvid · 09/05/2021 08:20

Tell him to move them. If he doesn’t advertise free logs on fb, ideally on a day when he’s out. Then dismantle the shelter thing.

ittakes2 · 09/05/2021 08:34

I think you can get the fire brigade out for free or a small fee to overlook your property and make suggestions to improve its fire saveness. I would do that and I am guessing they would say a log collection like that would be a fire hazard since if a fire broke out if would fuel it. Then you can write to him saying the fire brigde has said he needs to move it and also mention its not his land by right of way. Helpful to maintain relationship. He might be annoyed but not your fault!

MotherOfGodWeeFella · 09/05/2021 08:42

His answers when you spoke with him show he absolutely knows he is chancing his arm.

There's a lot of incorrect advice and information on this thread but the OP has listened to those who are correct. Just to clear up a couple of things, you cannot claim adverse possession or an easement if you have specifically been given permission for something by the owner, e.g. if a landowner were to agree to storage on their land they don't effectively give away ownership of that land or create the right to store things on it for ever. This is why should you ever have such an agreement with anyone you should put it in writing as evidence of what was intended and agreed.

clairethewitch70 · 09/05/2021 08:49

Not only is he taking up space on your land it is a fire risk.

UpTheJunktion · 09/05/2021 09:14

Why would anyone waste the time of the emergency services to sort out a neighbour issue rather than just say ‘please move your property from my land and keep the access route clear “?

Thousands of people have log stores. His logs will be just as much a ‘fire hazard’ in his own garden, where he is entitled to keep them.

As for logs being a source of spiders, as an objection Hmm

Spurious H&S excuses will just make the OP sound hysterical.

The OP is handling it well. Direct straightforward request, rooted in her legal rights, with enough negotiating not to go full “GetOrfMyLand” batshit.

UpTheJunktion · 09/05/2021 09:17

I camp a lot. I have 6 small gas canisters and a gas bottle in my shed, next to my neighbours fence. Nee Nar Nee Nar.....

He has a store if wood for his DIY projects Shock

UpTheJunktion · 09/05/2021 09:22

Though to be fair I can see that your own property in your own land is better than someone else’s unauthorised property in your land in any potential insurance issue.

QweenJinx · 09/05/2021 10:42

He absolutely cannot do this, it's trespass. Simply tell him that you need to be able to maintain the boundaries of your property.
This is YOUR PROPERTY, which he has a right of way, on foot over. It's that simple.

WeBuiltThisBuffetOnSausageRoll · 09/05/2021 23:08

I think a lot of people genuinely struggle (or claim so) to understand the difference between 'you have a right of access' and 'this is your land to use however you choose'. I'm reminded of the recent AIBU about the neighbour deciding to paint (in the same colour as his own house) the gate ostensibly belonging to the OP, but which was the entrance to a right of access for painty CF neighbour and another one.

Even if adverse possession is very difficult to claim legally, I wonder if a lot of them either don't realise this is the case, hope their victim won't realise it isn't a straightforward legal landgrab license or are otherwise trying to assert a 'moral' or 'common-law' right, if unchallenged for any significant length of time.

A great many people, if they can find any apparent justification, reason or other foot in the door to help themselves to something, will simply do it with no qualms and then style it out if challenged.

If this chap had asked the new owner "Can I store enough logs to fuel a small town in the passageway", she would have course have told him "No!" and his spluttering about what he's supposed to do with so many logs simply wouldn't have arisen. In short, they will create the problem and then make it yours to have to deal with.

On a sort-of-related note, I know Twittlebee had some far, far more important circumstances to deal with soon afterwards, but I often wonder what the resolution was with the nasty CF neighbours who fenced off the woods that she and her sister(?) inherited and then tried to claim it as their own.

nickymanchester · 10/05/2021 08:50

On a sort-of-related note, I know Twittlebee had some far, far more important circumstances to deal with soon afterwards, but I often wonder what the resolution was with the nasty CF neighbours who fenced off the woods that she and her sister(?) inherited and then tried to claim it as their own.

Oh, I remember that thread. I do hope everything ended well.

SirVixofVixHall · 10/05/2021 08:56

@Sallyandsam

You own the land. He has a right of access on foot over your land.

He needs to move his stuff off your land.

This. A right of way can also specify vehicle or animal access (where a farmer may cross a path in a tractor for instance, or to move livestock) .in your case he has a right to walk along your land, on the path to access his land, but no other rights over the land at all. He seems to think it is his, and allowing him to use it as though it is would be a very bad idea, as over time he could try and claim ownership. He has to move his stuff off your land.
SirVixofVixHall · 10/05/2021 08:58

@nickymanchester

On a sort-of-related note, I know Twittlebee had some far, far more important circumstances to deal with soon afterwards, but I often wonder what the resolution was with the nasty CF neighbours who fenced off the woods that she and her sister(?) inherited and then tried to claim it as their own.

Oh, I remember that thread. I do hope everything ended well.

I think about that thread too, I hope she got her land back.
Original poster
Hedera · 10/05/2021 09:56

@WeBuiltThisBuffetOnSausageRoll Spot on! Looks like he really doesn't see the difference. He 100% believes that what he's doing is fine, so how on earth could anyone else think it's not fine?

LogEnders ep2:
NDN came round yesterday, to see if we could come to a 'compromise', ie. leave things exactly as they are now (!) I stuck to my pov that the logs must be removed from the path, and asked him to give me a date. He said he would clear the smaller pile from the side passageway this week, but the others would take longer. I suggested end of May? 'Ooh no, longer than that! End of June?' In order to get this all resolved asap, I agreed to end of June. Not the best outcome, but fingers crossed?

During this conversation, his body language, tone of voice and facial expressions were all shouting 'I'm the one being perfectly normal and reasonable here - why are you being so mean and picking on me and making it into such a huge problem!'

OP posts:
UpTheJunktion · 10/05/2021 10:05

I often think of Twittlebee’s wood.

viques · 10/05/2021 10:14

[quote Hedera]@WeBuiltThisBuffetOnSausageRoll Spot on! Looks like he really doesn't see the difference. He 100% believes that what he's doing is fine, so how on earth could anyone else think it's not fine?

LogEnders ep2:
NDN came round yesterday, to see if we could come to a 'compromise', ie. leave things exactly as they are now (!) I stuck to my pov that the logs must be removed from the path, and asked him to give me a date. He said he would clear the smaller pile from the side passageway this week, but the others would take longer. I suggested end of May? 'Ooh no, longer than that! End of June?' In order to get this all resolved asap, I agreed to end of June. Not the best outcome, but fingers crossed?

During this conversation, his body language, tone of voice and facial expressions were all shouting 'I'm the one being perfectly normal and reasonable here - why are you being so mean and picking on me and making it into such a huge problem!'[/quote]
I think you have been very generous. Keep an eye on things though, if the logs aren’t moved from the side area by the end of the week make sure you remind him in writing about both dates. Even if he only moved ten logs a day it shouldn’t take nearly seven weeks to shift them.

He already has you down as a snippy woman, you might as well wear the crown.

LaurieSchafferIsAllBitterNow · 10/05/2021 10:16

have you put in place any Post End of June consequences?? I'd follow up now with a text/email to confirm his promises and add in some sort of sanction about disposing of the logs yourself after that date.

Good work OP! No hysterical lies and no logging it (pun intended) with the police. :o

BlackAlys · 10/05/2021 11:34

Well handled.

Entitled bloke definitely doesn't like that you've asserted yourself.

LookItsMeAgain · 10/05/2021 11:42

Agree with the suggestion of popping him a note (doesn't have to be agressive at all, just reminding him of the conversation and the dates when the logs have to be moved by that he agreed to) and include in that note that if all of his belongings from the right of way are not moved by the end of June, you will have no option but to assume they are dumped and arrange for a skip and send him the bill (as they were/are his, he has implied that they are his now).