Unreasonable Neighbours/Pain

[Jeffwest1]

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.

@watermeloncougar There was a thread here a few months ago where the NDN who had a right of way over an OP's property did exactly that because the OP was trying to block their right of way.

For some reason the OP hadn't worked out what a right of way meant when they brought the property.

BTW I have a friend who has a right of way over some land which is his fire exit. It is a bit weird as it goes across the neighbour (a business) behinds drive, then leads to an alley that ends in the drive of some rich person. The rich person wanted to put locked gates across their drive and has kept going for planning permission for over 10 years. Every time they have we ensure my friend puts in a written objection in case the business doesn't as both my friend and the business use it. The business use it daily and my friend randomly has things delivered there. The business have actually blocked my friend's exit so he's put up a sign saying fire exit on their side and they haven't done it since.

OP You mentioned the fire brigade in one of your earliest posts.
If the ROW is also a recognised fire exit route, then your neighbours blocking it is pretty serious stuff. There's a fair bit of law about it.: https://www.enfielddoors.co.uk/blocking-fire-exits-law/

It's also daft, since an inaccessible fire at yours would also threaten the safety of their property, and, much, much worse, their child's life.

It might be worth asking the community liaison person at your local fire brigade to come to talk to the neighbours; failing that , your local council might have a Fire Safety Officer.

As pp advise - solicitor s letter.

Now up until this point I was with you mostly.
But when I read this I see a different side to the whole saga.
I may be wrong ,and I stand corrected if I am,but the ROW is for you ,for you to have a way to get from your garden to the road.
Is it a ROW for a gardener that you have employed to use their harden as a pathway to yours ,dragging cables and power tools etc through to yours.
If the work took half a morning ,is their garden effectively unusable for them ?
And I really do think that in this occasion you might have given some notice to the neighbours that this would be happening .it was not a simple case of taking a bin out using the ROW.
In fact I can't think of any good reason that you wouldn't have given them the heads up. You were making quite the point there.
My other issue is with the Awning/fabric gate that is there at the minute.
It is pretty awful.
A gate would be much better.
The issue with not giving the neighbours a way of controlling the gate ( jointly with you ) leaves the real possibility that you might use the gate whenever you like and accident leaving the gate open when you are done doing whatever it is you are doing . This would worry me too when here is to be a toddler running around in my garden .I would not want to be constantly checking the gate was closed and safe .
Find a way that you can both agree to use /allow use of this ROW for the sake of everyone involved .

If it was me I would agree to a gate agree not to use it other than in an emergency on the condition they don't padlock it. I would take trims through the house in a bin liner.

I'd get the solicetor to write a a letter detailing your rights. Keep it short.
We have a ROW, we are going to use it, this is the legal situation. There is no need to offer solutions about their kids safety.

If they want to put a gate up they can and if you want to keep your awning you can. I think you are looking for complications worrying about them putting up a gate then locking it.

Wait until it happens and then deal with it. You can't stop them baby proofing their garden if they want (as long as the gate is on their land)
You could suggest they use self closing hinges on any gate if you chat to them.

@moneymatr but why should the op drag grass clippings and hedge trimming through the house when they have a legal right to take it through the neighbour’s garden?

No, because little by little there will no longer be a ROW. The whole point is that theOP is legally entitled to use it, the NDN has no right to prevent it. The NDN has chosen to purchase a property where a neighbour has the legal right to walk through her garden to access his own. Whatever issues she has she needs to address them herself BUT not by refusing to allow access. I used to live at the end of a terrace of 6 with the other 5 properties having the legal right to walk through my backyard, I had to accept that , as does the NDN.

This ⬆️

Sod that, OP should be able to carry on as he has done for over 20 years, and the neighbours should be thankful he uses it as little as he does. He could be in and out of their garden all day every day, and the would be nothing they could do about it.

You have my sympathies.

They sound like arseholes☹️

Surely the obvious solution is a half height gate the same height as the current awning but safe for the toddler. If the gate opened into the OPs garden then the latch side would be on the OPs land so the NDN wouldn't be able to put a padlock on it?

Our neighbour has right of access down a passageway down the side of our house to take out garden rubbish. There is a gate to their garden and we have a tall gate at the end of the passage. We both have keys. It's only awkward if I'm dashing through the kitchen naked looking for a bra in the utility 😬

it was me I would agree to a gate agree not to use it other than in an emergency on the condition they don't padlock it. I would take trims through the house in a bin liner.
Sorry but this is ridiculous. Why should the OP do this? He has right of way. He could use it every day if he wanted to.
The OP isn't at fault here the NDN is. They knew there was a right of way when they bought the house and they have to accept it.
Taking bin liners of trimmings through the house makes no sense at all!