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Hi all, I am new here so sorry if I am posing in the wrong forum! I live in an 1840s built mid terraced cottage. The only external access I have to our garden is to pass through the neighbours garden which then leads to a gate in to my garden. There is a covenant on my house deeds which specifies something along the lines of we are free to pass on foot or wheel to access our garden. There is no footpath location specified as such and no times or restrictions as to when we can use the access. We have lived here 10 years and used the access with no issue until new neighbours moved in 3rds ago. We only use it to put the wheelie bins out and general other items that are too big to get through the front door. We do not use the access as a main entrance and never cause a nuisance. We probably use the access twice a month but more during summer due to garden maintenance. I went to put my bin out this morning and was greeting by a padlocked gate that I have not been given a key to! I knocked the door and nobody was home so i called their landlord (sanctuary housing association)who told me the housing officer for my area was not available today. Every time I open the gate from my side of the garden their Dalmation dog pushes past me and proceeds to enter my garden and refuse to leave which is another issue we have! The neighbour also parks is van directly in front of the gate so that we have to knock if we need to use it and when he goes out he puts his wheelie bins in front of the shared gate so that every time I try to pass I have to move bins then they have told me I should out the bins back so their dog doesn't escape (the gate is only 3ft and the Dalmation jumps over it if the bins aren't there). My question is should I be having to only use the access at their discression? Are they allowed to out a lock on a shared gate and not give me a key? Should I write to the landlord and explain my issues? There is much more to the issue i have but just not sure where to start really any help would be appreciated.
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Without reading the exact wording of the easement one can't be definitive, but generally any blocking of the right of way is a breach.
So you need a key to the padlock, and your neighbour should cease blocking your access with his van &/or wheelie bins &/or anything else.
Their dog is their problem and is not a reason for blocking the right of way.
The place to start is your neighbour .... acknowledge he has a problem because of his dog, but tell him he ought to find another way round the difficulty.
Perhaps increasing the height of the gate.
If that doesn't work then an approach to his landlord.
As he is your neighbour, and might continue in that role for sometime, it is better to try and solve the problem amicably.
At the very end, if nothing works, you are left with applying for an injunction.
That really is a last resort tho'. -
Thank you for the quico reply
We have been nothing but amicable. Never abused the right of way and out of courtesy we actually knock the door to let them know when we are entering. I don't think many people would be so kind after paying almost 200k for a house to be told when you can and can't access the rear of for property is frustrating to say the least.
A solicitor raised the right of way issue when we purchased the house and it was confirmed we do have access and it is also in the deeds. They accepted the tenancy knowing the access is shared but seem to think it's up to them when we can use it.
I understand how awful it must be to have neighbours walk through with bins etc but we didn't write the deeds and I would love nothing more than to not need to walk through! As it's not my land only sanctuary housing can really resolve the issue by erecting a parting fence of some sort, I don't see how else we can stop the dog entering my property otherwise?
I love dogs but not ones who jump up, growl and scratch you while you are trying to navigate a wheelie bin. Long story short, i had no choice but to bolt crop the padlock to put my bin out in time for collection. I have now been confronted and accused of criminal damage. The rubbish would have been 4 weeks old by time waited for the next collection. I don't see what alternative I had when they didn't have the decency to give me a key knowing it is my only rear access
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PS. Sorry for the poor grammar, I am so stressed about this it's really getting me down.Comment
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Rights of way if blocked, you can use alternative route or apply for a court injunction to unblock it.
Cutting the chain is technically criminal damage, but under the circumstances, and viewing your waste disposal problem, I can't see Plod getting excited about it!
If his dog prevents the use of the right of way, that is as much obstruction as padlocking the gate.
If your neighbour isn't cooperating then get the HA involved and tell them that if necessary you will apply to the court for an injunction, and include a claim for costsComment
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Hi DES8 so it's escalated as I thought it might and a call has been logged to the police. My neighbour said we have no right to just walk through and should knock the door each time we want to access our garden.
They also said we only have access on bin day which I have no idea where they have obtained such information. On the deeds and under a section called 'right's' there are a few things mentioned and then points 5&6 refer to our right to pass on foot/vehicle.
Are my neighbours just trying it on saying I should only use the access on bin day? I don't want to break any rules but my garden is huge and fairly high maintenance, nothing was mentioned upon purchase of the property about limits only using the access on bin day?Comment
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Copy out the relevant section from your deed s and give them to the neighbour without comment. As a tenant they will have no idea what is in the deeds of the property, even not understand what it means.Comment
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As a third party looking on I can appreciate both sides of the situation.
As ostell it is more than likely your neighbours aren't fully aware of your rights.
They may easily have been misled by the HA into thinking you only used the access rights once a fortnight or so.
You do of course have the right of access and can exercise that right whenever you wish and without asking permission first.
As you might be living next door to these people for sometime I would suggest an attempt to mend bridges and explain your position, and the fact that you aren't going to use the access unnecessarily etc .
It might be worth having a word with the HA, and get them to explain the position
If they won't see reason, you might end up having to apply for an injunction, with a costs order against them,Comment
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