So, long story so please bear with me.
We bought our house over 20 years ago, at the time we bought it the neighbours were lovely, and soon after we moved in they built an extension which we knew about. One of the quirks with the house is that we have a right of access across the garden to a gate, which is noted in the deeds as a 2 meter column from our garden to the gate. When the extension was built they have to re-establish that corridor by adding a gate and step.
Fast forward a few years, and after a messy break up they sold the house, which was about 5 years ago.
The new neighbours at first were fine, until we actually started using the access the following summer to clear our 146 feet of garden with lawn and hedges cuttings, then the problems started.
To slightly give them there due, the decking they took over was rotting and badly in need of repair/replacement, which after lockdown started easing they did do, however, when this was being done, they tried, unsuccessfully to install a fence panel across the gap by essentially lying to us and the gardeners, they told us they did not know what was happening about the gap, and they didn't tell the gardeners it was a legal right of access until we pointed it out when they jumped into our garden and started digging holes for the fence posts :-(
We had another run in a few weeks later, when trying to go through the gate on the other side, the padlock key we had didn't work, neither did the neighbours, they had provided a very cheap padlock and it had broken, he had to bolt cutter it off, and we provided a new one we had bought for our shed. Although through this episode she stated that we couldn't just walk through the garden when we wanted, we had to ask there permission and she would allow us to use the gate when they opened it for us.
This was the first time we spoke to a solicitor on this, who told us to talk to them again as they couldn't do that and they would know full well that it the case.
We did speak to them again, her attitude had changed from the day before and she was far more understanding, and stated she wanted us all to 'get along'
About a month later, we installed a side sliding awning into the gap, which we padlocked from our side, this made using the access easy for us, gave us, and them, privacy.
Since then they have continued to place tables, large unmovable garden umbrellas, trailing hose pipes and cables in the way.
Just over a year ago, they had there first child.
Then, for the first time in almost three years they spoke to us, whilst I was moving hedge trimmings through to my car to take them to the local dump.
She informed me that they were concerned for the safety of there child, the awning was a problem and she deemed it to be unsafe. They want to put up a gate.
I said that's fine, however we wanted to know what they were going to do and how, we were happy for a conversation about it to see what would work best for all.
Speaking to my wife later, we agreed that this was just an excuse to try and again put up a barrier which we would find blocked/padlocked from there side very quickly, while we would listen, we would raise this as part of that conversation.
The following week, a gardener they had employed the year before to build a shed came, told us the plan, essentially it was the same plan as before, a gate, then an additional piece of fence panel to fill the rest of the 2 meter gap, when we asked how it would open and how it would be secured, he was a little unsure about this, but gave some answers, we stated that in reality, the awning worked for us, we did not need to secure it, it rolled into itself so no need to have it hanging in the garden, but we also did not have to have him dig up our garden to place three fence posts in an area we have placed artificial turf and have plant pots with shrubs and plants either side of the gap.
She then got very angry, telling us we had to keep her child safe, the awning was a danger to him, if it was windy and the awning billowed out he could be pushed over by it and badly injured, (For the record the awning bows about about 1/2 foot in the heaviest of winds and auto brakes at that point, not sure what he would be doing, standing by the awning if the wind was that severe?)
Anyway, she then started on that we were being unreasonable, and in fact she could have just done it, or placed a large planter in the way and what were we going to do it about it.
We did mention that they have 60 odd feet of fake grass which surely would be more than safe for him, this set her off again with her child should be able to play and explore all of the garden, (Like us they have 147 feet of garden, 60 feet or so of which they have as fake grass, the decking is about 20 feet, they have a large outside office, approx. 30 feet with a paved area with seating in front, the other 20+ feet is where the extension was placed.).
Clearly we stopped the conversation at that point, but she continued to be rude and quiet offensive.
We have consulted a solicitor again who has suggested we write them a letter, reminding them that we have the right of access which they cannot block, as well as reminding them that they cannot make us change our garden to accommodate them, nor can they change it for us!!
Sorry, this has gone on far longer than I had anticipated.
Anyway, I wonder if anyone else has had similar issues and how they overcame them without having to take the neighbours to court, which I fear eventually we are going to have to do.