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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:
SirVixofVixHall · 10/05/2021 11:44

End of June ?!! Why does he need nearly two months to move a log pile ? How many logs are there ?
I would give him a week.

SpiderinaWingMirror · 10/05/2021 11:59

Glad to see you are being firm
Do you have legal cover on your house insurance? If it's not gone in June, send it to them and get them to write a letter

HartstonesMustard · 10/05/2021 12:09

@Hedera definitely put it in writing, as discussed the log pile will be removed by no later than the 30th June 2021. That way he knows you mean business.

PineappleWilson · 10/05/2021 12:18

OP, put this in writing; include mention that you will be offering an logs left on your property via local community facebook page / Freecycle at 9am on 1st July. That's loads more time than I'd have given him.

steppemum · 10/05/2021 12:46

Yes to putting it in writing, but no, you can't give his stuff away, before you do that you need to check with a solicitor for the required legal wording, about if not removed before you will etc etc.

Mix56 · 10/05/2021 12:49

In this letter, He needs to move all his logs & other shit, & take down the roof & make good the fence, sweep & generally leave your property clean. If it is there any longer than the end of June, you will be offering it on fb marketplace.

LookItsMeAgain · 10/05/2021 12:57

@SirVixofVixHall - did you not see the number of logs in the photo that is in the first message of this thread by @Hedera?
There are 100's of them! And a lovely roof (to help them to dry out - probably for use in a stove or log burner or fire pit in the summer).
All on the OP's land.

Original poster
Hedera · 10/05/2021 13:27

@LaurieSchafferIsAllBitterNow Not yet. I think the only thing I can do without getting myself into trouble legally, is to relocate the logs to his property (ie. his driveway/front porch). I think this might prompt a reaction though!

Not sure I want to start texting/emailing with him. I think I'll stick with a letter. Keep him at arm's length.

OP posts:
longtompot · 10/05/2021 14:55

I think a letter today with what you have both agreed for what needs doing and by what date. What a cf he is though. Right of access doesn't mean it's your land!
I guess another thing you could do is give him the option of buying that end bit from you. Unless other neighbours have rights of access through there.

MotherOfGodWeeFella · 10/05/2021 15:15

God no - I wouldn't give him that option! He'll just continue to use it, drawing out any negotiations on cost, etc with no intention to pay.

I think end of June to move them is a total pisstake on his part, but can understand you not wanting to escalate things. I'd very obviously go out there on a weekly basis taking photos and measuring things so he doesn't think he's fobbed you off and will get away with not shifting them.

longtompot · 10/05/2021 16:23

@MotherOfGodWeeFella

God no - I wouldn't give him that option! He'll just continue to use it, drawing out any negotiations on cost, etc with no intention to pay.

I think end of June to move them is a total pisstake on his part, but can understand you not wanting to escalate things. I'd very obviously go out there on a weekly basis taking photos and measuring things so he doesn't think he's fobbed you off and will get away with not shifting them.

Op could make sure the first part was dealt with first, having him clear it, and then approach him to see if he wanted to buy it.
SirVixofVixHall · 10/05/2021 16:36

[quote LookItsMeAgain]**@SirVixofVixHall* - did you not see the number of logs in the photo that is in the first message of this thread by @Hedera*?
There are 100's of them! And a lovely roof (to help them to dry out - probably for use in a stove or log burner or fire pit in the summer).
All on the OP's land.[/quote]
No I hadn’t seen them , they hadn’t loaded for some reason, I can see them now.
Still think he could move them in a week.

SylHellais · 10/05/2021 17:42

I agree end of June is a pisstake, but I think you’re doing the right thing not to escalate just yet. My suspicion is that he will try and negotiate again at the end of June and that’s the time for you to play hardball.

TeamMummy · 10/05/2021 17:47

If the wood is there on July 1st advertise it online as free firewood, it will be gone reet quickly

Seeline · 10/05/2021 17:54

Is the roof attached to your fence? I'd be getting that removed too so that it doesn't pull the fence down.

Hollyhocksarenotmessy · 10/05/2021 19:41

He's a pisstaker alright, he knows.

I'd send a polite letter confirming that he will be removing all his property from your land by X June as mutually agreed. Then state that should any of his property remain on your land after that date you will take steps to remove it immediately. (facebook marketplace logs free-for-all).

teenagewhore · 10/05/2021 19:50

I think you'll find you have a large store of logs.

How do you know it's the neighbors? Is it definitely not the previous owners? It's your land, he can't store stuff there.

Brokenpencilsarepointless · 10/05/2021 19:55

You've got to get it shirred ASAP. If anyone else where to walk down there and get injured, you are the landowner. You'd be the one responsible. Even though they would be trespassing, you can still be sued. If the NDN ever had any workmen in and they get injured, it's your land and your responsibility.

Just start moving it into his garden. If you need an excuse, tell him you're having it painted and they need the clear. Dont give him another 6 weeks. Just start shifting it.

Brokenpencilsarepointless · 10/05/2021 19:57

*shifted

SylHellais · 10/05/2021 20:14

@teenagewhore

I think you'll find you have a large store of logs.

How do you know it's the neighbors? Is it definitely not the previous owners? It's your land, he can't store stuff there.

Have you even read the thread? Or have you just done the thicko thing and read the OP then hit post?

I know people find it amusing to tell the OP to sell the logs/throw them over the fence/ etc, and encourage whipping up aggro for their own amusement, but the OP has done the right thing.

BlackAlys · 10/05/2021 20:16

OP, what's the second pic? The one after the deeds picture? I did t spot the third pic until now - he has a HUGE store of wood there - so cheeky!! It was bad enough looking at the 2nd pic!!!

bakingdemon · 10/05/2021 21:08

Def put what you've agreed in writing. "To confirm, we have agreed that you will move your logs off my land by the end of June and you will not store anything on my land again" etc. Put in a reference to the future or you might get "well, you asked me to move the logs but you didn't say I couldn't keep my lawnmower there"

Original poster
Hedera · 10/05/2021 21:24

@bakingdemon Good point about 'in future'. Noted.

I'm trying to be careful not to make wild threats that I can't carry out. Small steps. So I'm taking regular pictures of Log City (nothing's changed yet), and will wait til the end of the week. If the smaller heap is still there, he will get a letter reminding him of his promises.

But I'm sure it'll be fine! He's 'a man of his word'! I should trust him completely. LOL.

OP posts:
steppemum · 10/05/2021 22:18

well, all the people posting on here wild things to do seem to forget that you have to live next to hime and be his neighbour for the next however many years.

You have done the right thing, firm, clear, prepared to carry through, but considerate and giving him some time as well. He cannot accuse you of being unfair or unreasonable.

WeBuiltThisBuffetOnSausageRoll · 10/05/2021 23:02

NDN came round yesterday, to see if we could come to a 'compromise', ie. leave things exactly as they are now (!)

That's your CF bonus ball, right there. To them, compromise doesn't mean an agreement where each side gives a little ground and meets in the middle (not that you should here anyway), it means you understanding and acknowledging the 'error of your unreasonable request', so that nothing changes for him, except he then also gets to claim the supposed moral high ground.

well, all the people posting on here wild things to do seem to forget that you have to live next to hime and be his neighbour for the next however many years.

CF's playbook 101. They never feel any awkwardness for, well, deliberately causing extreme awkwardness; they expect you to 'own' all of the awkwardness that they have caused.