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?

WeBuiltThisBuffetOnSausageRoll

nevertheless, the OP has a choice, to be reasonable and firm and enforce it. (which she is doing) or to behave badly.

When dealing with neighbours, however annoying they are, the best route is always reasonableness, while asserting you rights. It will get your further, and when the story is retold, by either side, there is no doubt that you are in the right

@steppemum I'm grateful for all the input, even if some of the suggestions would land ME in hot water! It's been very useful having this conversation - there has been some invaluable info and it's been amusing to imagine doing some of the more OTT stuff (some of it we'd already thought of and wished we could do).

NDN has an 'interesting' nickname in our house now :)

I've read all your posts and think you've handled it admirably @Hedera.
Good idea to keep track of what's happening, as if he's saying the large pile can't be moved over the next 3 weeks & requires more time then presumably you'll start to see them reducing gradually.
On 1st July, let's hope you can have a party there where the logs used to be

@WeBuiltThisBuffetOnSausageRoll Asserting rights can be exhausting though, can't it? And it annoys me that I am having to! Neighbours are a minefield :/ Thankfully, the one the other side seems nice. So far. No log issues anyway...

@CloverHilla A party! Fab idea! It'll have to be a very thin party though, single file only. We mustn't block NDN's access to his garden now, must we? :D

You've handled this exactly right. In my experience,people like this,given an inch,will take a mile. You've put your foot down,and as long as you stick to your guns,you've probably saved yourself a hell of a lot of trouble in future.
If you had given in to this,I'd bet everything I own that he'd be pushing his luck with attempting to claim other parts of your property for his own use. I've seen it happen,people like this have a real brass neck.

Wow OP you've handled this well. You will update us won't you? Nothing more cheering than a cheeky fucker overpowered by the straighforward assertiveness of a strong woman. 💪

@giletrouge LOL of course! I'm not normally this assertive but having the backup of all you kind folk is helping hugely!

I'll be pleasantly surprised if any logs move by next Sunday without me having to remind him. Not holding my breath.

I'll be surprised to - I think he's the type to underestimate massively how bloody annoying he is and how determined you are. You're doing a grand job!

Any movement in log city?

Try & bump into him, & mention nothing has moved as promised.
& just to be clear, he is trespassing, your house insurance will be invalid, & if he doesn't keep his word, ie respect your very generous agreement that its all moved, returned to it's original state & cleaned up by the end of June, you will be talking to your solicitor, (who is a family member if course & will cost you nothing, 😉)

[quote Hedera]@steppemum I'm grateful for all the input, even if some of the suggestions would land ME in hot water! It's been very useful having this conversation - there has been some invaluable info and it's been amusing to imagine doing some of the more OTT stuff (some of it we'd already thought of and wished we could do).

NDN has an 'interesting' nickname in our house now :)[/quote]
Log Knob?

No, nothing has moved yet. I really didn't expect it to, and to be fair the weather has been pretty awful this week. I'm cross though that his inaction means I'll have to have another stressful talk with him. Tomorrow's job - so he can't argue he hasn't had a 'whole' week.

He spent most of friday Marie Kondo-ing? Swedish death cleaning? (Is there a difference? How can you tell?) his garden shed, which I thought might be a promising sign but unless he is secretly Dr Who, the logs will never fit. Or maybe there is no back wall to his shed and he has started to take over a different neighbour's garden?

Or maybe there is no back wall to his shed and he has started to take over a different neighbour's garden?
Do they need logs in Narnia?

Have you ordered your own wood burner yet?
You've got plenty of fuel for it on your own land

Hopefully you can get this resolved with the CF, but if he doesn't play ball there's always the option of offering free firewood on Facebook.... It's on your land after all.

@BruceAndNosh No. Woodburners are evil and they will kill us all. Or something. I will stick to my nice healthy gas fire.

Just happened to see NDN outside when I popped to put something in the bin -
Me: How's things going with the logs? Only I've got someone coming round to look at the fence tomorrow...?
NDN: What do you want to do that for? There's nothing wrong with the fence!
Me: It is in pretty bad shape - I just want to see whether it can be repaired or needs replacing. (This is entirely true.)
NDN: Well, if you want to go wasting your money like that...
Me: Don't tell me what I can and can't spend my money on.
NDN: And the weather's been awful this week. (This is true, but not 24/7.) ::looks round at his driveway:: I suppose I can go and move them now if you really need me to?
Me: Yes that would be great.
He went on to tell me all about his plans for removing his current shed, building a new shed with a log store behind it, etc, etc. Seems he can't resist endless talk about himself when he has the slightest captive audience! There was a fair bit of 'poor me - I can't do it all on my own!' So either he was exaggerating because he did manage to construct log world all on his own, or he had help from someone who also didn't know/care it was wrong? Anyway, as long as there seems to be movement in the right general direction re the logs, I'm prepared to give him time - I know it's pretty difficult finding sheds/building materials/labour right now (and am being forced to rethink my own plans. Grrr.)

Shhh. I think I hear log-moving noises. At last! :)

Wow! Actual movement of logs...well done OP you handled him really well.
What an entitled cf. So many of them about. It's a life-skill these days standing up to them.

That's crazy, no one's can get a wheelbarrow, bicycle or anything along there. Cheeky neighbour needs to have his own log storage in his own garden.

he did manage to construct log world all on his own

Yes he has right of way, but no right to block it due to emergency services, fire service, or ambulance paramedics getting in. Ask a solicitor to send a letter prohibiting the passageway being blocked for this reason. Or Fire service can send someone out to assess the issues for your safety

I think you’ve handled it well.
You have been firm and pleasant. You have shown some flexibility over date and haven’t been aggressive or rude. Too often people see their own rights infringed and respond aggressively and rudely rather than spotting that a carefully thought out and moderate approach usually delivers much better results than a knee jerk reaction of fury.

Threatening lawyers or removing of stuff should be far down the line and reserved for if other approaches don’t work. And usually the lawyers won’t be needed and relatively good relations can be maintained....far better. Giving a little bit of way about the timescale is fine. Insisting on a tight time frame isn’t totally necessary and allowing someone to save a little bit of face and feeling they have been involved in deciding the timeframe can help keep things amicable. There is no need to push really hard, especially at the start.

The future relationship with this neighbour looks positive to me. He knows Op isn’t a pushover, but he also knows she’s reasonable and not a horrible cow determined to make him feel small...she has behaved in a humane way and that will count for a lot. In all liklihood they won’t be neighbours who are friends, which is absolutely fine, but after today and after the last logs are finally moved, they will be able to say ‘hello’ or ‘how are you?’ In the street when putting their bins out. If they pass on that communal path they might exchange pleasantries about the weather, rather than hating each other or starting a vendetta which could be avoided.

So many neighbour wars on MN started from issues like this one and the early handling of it can either escalate it or dampen it down. Some people like a fight and then don’t take any responsibility for having helped fuel it. I think Op is doing well.

If I were her and the final logs were still there after most have been moved in a few days, or close to the deadline, I would offer to help move them. It’s not about ‘having’ to, but it’s gets the job completed faster and also again, being a bit human isn’t a bad thing in these situations. Insisting on the letter of the law and every ounce of your rights to the queickest timescale isn’t usually the way to deliver best long term results...and it’s important to bear the long term in mind, and anyway, OP can be the bigger person here and rise above grumpy man who feels hard-done by. She doesn’t NEED to be unpleasant or insist the logs are gone by next weekend.

Fair play Op, I think you’ve handled this CF really well. He sounds so entitled from your interactions with him

@WombatChocolate Wow! I'm blushing!
It's actually been quite hard to resist piling in straight away with solicitors' letters (and without all the excellent advice and cheerleading here, I may have made that mistake; though the outrageous quote also helped curb that impulse.) Far more satisfying to let him 'think' he's in control when really he's got no option but to stick to his own timescales now, unless I decide to be more generous.
Thinking before acting, taking it slowly, and not making threats I'm not prepared to carry out is making it a little less stressful than it seemed at first. It has also shown me NDN's true colours early on - I'm quite glad he hardly let me get a word in edgeways on moving day because I would have regretted being so open now.