Hello, some advice on "right of way" would be appreciated.

[Tucks]

Hi and thanks for a very straightforward registration process. I'm new to this forum but was hoping for some advice on a neighbours rights or the legal requirements we need to adhere to.

We live in a terrace house in St. Albans, every second property has a right of way through another property to access their back garden. We are the property our neighbour walks through and we've never had an issue with keeping this space clear or allowing them through, including the previous neighbour who was in a wheelchair and had plenty of space to move through (indeed the patio was lowered to ensure wheelchair access). Our issue is with a new elderly neighbour who has moved in. The space is 50" wide at its narrowest point and she states this is insufficient even though the passageway to reach the road, the gates between the properties and the space in her garden in 36" wide. She has insisted we keep the entire area clear of dustbins etc to ensure the full 7-8' space is open to her. Does anyone know whether legally she can insist on this? It seems incredible we need to offer more space than she herself has?

We've received letters from Chartered Surveyors on her behalf stating we should remove our bins so I wanted to know from a legal perspective whether she can ask for this? Our kitchen looks out on the back garden where she suggests we move them to hence the side of the house is more suitable.

We have never blocked access and ironically she has blocked and locked the gate she is supposed to allow access for her neighbours the other side (they contacted the council but were told as its domestic issue they wouldn't get involved as all houses are privately owned). She uses her back door as her primary access, sometimes up to 10-12 "walkthroughs" a day and we have never complained so getting this Surveyor letter was rather disturbing!

Any advice appreciated. I basically want to stand my ground but would be great to know whether legally she can enforce this? I could post pictures if required. Many thanks for your time.

[seduraed]

Re: Hello, some advice on "right of way" would be appreciated.

I think the countryside and rights of way act applies here and to your neighbour. The council should have a rights of way officer. Although with the cuts they often have other jobs as well.So get in touch with them.
IIRC If it is a footpath then the minimum width along the edge of property should be 2 metres, and if it crosses then 1 metre. If the right of way Is vehicular then the edge width is 3 metres and the crossing width 2 metres.

[R0b]

Re: Hello, some advice on "right of way" would be appreciated.

Do not quote me on this but the question of 'blocking' that access will be based on the facts and circumstances but usually if something is in the way for whatever reason, then the person with the right of way is entitled to 'go around' the object provided they are on the same piece of land (otherwise its a trespass). Unlike some object such as a fence, I am not sure a bin would be deemed as blocking access to the right of way. As for keeping the space clear at all times, that might go beyond what was originally envisaged when the right of way was initially granted. Again, the general rule is that just because someone's needs have changed or another user has the right of way does not, on the face of it give them the legal right for the adjustments to be made unless of course the right of way makes this explicit.

The above is simply a general rule and there may be case law out there which may supersede it that I am not aware of, perhaps @Diana M can assist.

Do you have the exact wording of the right of way on the title deeds or it might come under the heading of 'easement'.

[Tucks]

Re: Hello, some advice on "right of way" would be appreciated.

Thanks R0b and Seduraed, rapid responses hugely appreciated. I'm just confused by the fact any right of way (the deeds just say access should be allowed with no specific information as these were build 1900ish as workers cottages) needs to be wider than she herself has. We have over 5 feet of "gap" (even with the bins in place) whereas due to her own walls and patio she herself only has 3 ft. The council were involved in lowering and maximising the space for the previous occupant so we know the space is as wide as it can be and satisfies a wheelchair user. I'm guessing the Surveyor letter is just the opening salvo unfortunately. Thanks again.

[R0b]

Re: Hello, some advice on "right of way" would be appreciated.

Any particular reason why the surveyor has written to you and become involved, is she having work carried out or something?

Also, does the title deeds and plan highlight the an area for the right of way?

Subject to any other suggestions, you might want to consider writing to the surveyor and CC in the elderly woman with the right of way and in a diplomatic way explaining your reasoning as to why the bins are currently where they are and having consulted the wording of the right of way on the title deeds, it merely states that access should be allowed. It does not say that the access must be clear at all times and there is no permanent object which is restricting the elderly woman from gaining access. You might also want to point out that there is over 5 feet of space with the bins in place that allows the space to the use of the right of way and if the bins are in place at the time she is seeking access, then she can go around the bins. You can round it off by saying that you consider there is sufficient space for her to access the right of way and cannot see any justification (legal or otherwise) for you to comply with her request. You might want to suggest arranging a meeting to discuss it further if she would like.

[Tucks]

Re: Hello, some advice on "right of way" would be appreciated.

Thanks R0b, yes I've tried that when she knocked on our back door demanding they be moved a year ago. I tried to explain (and ask) why greater space was required by us than she has herself and she just reacted by swearing and abusing me. I've tried talking to her daughter but she obviously won't question the matriarch! The letter from the surveyors was on her instruction as I'm guessing the council told her theres no case (speculation on my part). I replied to the Surveyor saying the following along with photos. I'm hoping this is the end of it but would be good to know from a legal perspective that I'm on firm footing! Thanks again.

Dear XXXX,

I left a voicemail at lunchtime and following up as my message stated. I am disappointed and concerned to receive your letter of the 30th October 2017, following the request by Mrs xxx in respect of access to the rear of her property.

May I firstly say that we had a harmonious relationship with Mrs xxx for many years and provided assistance whenever requested (including returning her bins on a weekly basis). Sadly on 3rd November 2016 she - to our amazement and out of the blue - arrived at our back door ordering us to remove our recycling bins in, what can only be described as, a confrontational manner, which was witnessed by both local neighbours and a visitor to our property. The bins in question had been in this position since they were introduced by the Council and were in the most unobtrusive location, enabling more than adequate access to Mrs xxx' property, and which provided the previous occupant of No.36 with wheelchair access.

Since then we have had further correspondence from Mrs xxx but unfortunately she seems to have an obsession in wishing to see our bins moved and placed on our small patio area directly in front of our kitchen window, which as you can imagine is completely unacceptable and unnecessary. Mrs xxx has said that if we don’t like seeing our bins through the kitchen window, we should put in “frosted” glass. We also understand from neighbours at No. 38 that she is also in dispute with them over other matters.

I was unaware of Mrs xxx need for a mobility scooter as she seems mobile whilst passing through to water her plants or shopping, but if this is the case there are, I feel, more issues in respect of access than the location of our bins. xxx Road has narrow pavements and the access to the rear of our properties requires a 90 degree turn through a narrow alleyway, and two other left hand turns to gain access to her property. It is of note that the width of the alleyway and of the two gates to the rear of our properties are less than that between the wall of our house and the existing bin location. There are also width and space limitations at the rear of her own property which must make it questionable whether No. 36 is suitable for someone in need of a mobility scooter (see attached photos). We also don’t understand how she would open our or her own gate from a mobility vehicle?

We am fully aware of the need to provide right of way over the rear part of our property and have always endeavoured to ensure this is not obstructed in any way. However sadly although the rear is the secondary entrance to the property, neither Mrs xxx nor any of her visitors appear to use the front door and the footfall across the rear of our home is at times obtrusive resulting in a complete lack of privacy (up to 10 times a day) - but we have never complained!

From your letter I am uncertain whether you have actually visited the property, but it may be of assistance for me to enclose a number of photographs and our response to her letter received in May this year; i am more than happy to provide any further information but obviously we have no wish to incur costs in respect of her representation, which is both unreasonable and unjustified.

Yours sincerely

[R0b]

Re: Hello, some advice on "right of way" would be appreciated.

In terms of legal rights, it would all be contained within the right of way. If it simply says access to be allowed then so long as you have made provision for her to be able to pass through, that would normally be sufficient. However, each case turns on their own individual facts so its difficult to say 100% whether you are on solid legal ground. But as far as what you've said, you only need to allow access not to keep the space clear at all times and as long ads she can access and pass through then there shouldn't be any issue.

[Tucks]

Re: Hello, some advice on "right of way" would be appreciated.

Thanks R0b, much appreciated. Fingers crossed!