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I own and live in a mid terrace house. My neighbour’s house and mine share a common, covered entrance passageway running from the front gardens to the back garden gates of both houses. Three years ago, my neighbour persuaded me to pay half towards installing a “Security Gate” at the front garden entrance to the passageway and we both have a key to the gate lock.
Since installation of this gate my neighbour has used the passageway most days as a covered kennel for three dogs. No mention was made of this use of the passageway when she suggested installing a “Security Gate.” Her three dogs are a constant nuisance, blocking my right of way and fouling the passage way with excrement and urine. I can only use the passageway (e.g moving bins, wheeling lawnmower from back lawn to front lawn) if I ask the neighbour to move the dogs every time.
The deeds to my house (“Rights and Easements included in the Conveyance”) state that, as regards the passageway, my neighbour and I have “A right of way from time to time and at all times hereafter by day or night and for all purposes connected with the use and enjoyment of the property hereby conveyed but not for any other purpose whatsoever.”
Hence my neighbour is obstructing my right of way and I assume that the “rights and easements” as worded above mean that she is not allowed to use the passageway as a covered kennel for her three dogs. Over the past twelve months I have spoken to her three times to resolve this problem but she refuses to listen.
Am I allowed to unilaterally remove this gate and refund the neighbour half the cost of the gate?
If not, how can I resolve this without spending a fortune on solicitors? I am a 68 year old spinster pensioner, living alone, on Guaranteed Pension Credit and PIP benefits.
Since installation of this gate my neighbour has used the passageway most days as a covered kennel for three dogs. No mention was made of this use of the passageway when she suggested installing a “Security Gate.” Her three dogs are a constant nuisance, blocking my right of way and fouling the passage way with excrement and urine. I can only use the passageway (e.g moving bins, wheeling lawnmower from back lawn to front lawn) if I ask the neighbour to move the dogs every time.
The deeds to my house (“Rights and Easements included in the Conveyance”) state that, as regards the passageway, my neighbour and I have “A right of way from time to time and at all times hereafter by day or night and for all purposes connected with the use and enjoyment of the property hereby conveyed but not for any other purpose whatsoever.”
Hence my neighbour is obstructing my right of way and I assume that the “rights and easements” as worded above mean that she is not allowed to use the passageway as a covered kennel for her three dogs. Over the past twelve months I have spoken to her three times to resolve this problem but she refuses to listen.
Am I allowed to unilaterally remove this gate and refund the neighbour half the cost of the gate?
If not, how can I resolve this without spending a fortune on solicitors? I am a 68 year old spinster pensioner, living alone, on Guaranteed Pension Credit and PIP benefits.
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