inconsiderate neighbors

zomble

Could you build a small temporary fence in front of the access they need? Then you could have a lockable gate to keep child inside the garden and neighbors and you still can put bins out?

Then when your child is old enough take down the little fence, so as not to loose any garden?

Gloomendoom

bumface wrote: »

And what right would that be then,utter rubbish!

Nope. The right under English law to abate unlawful obstructions on a right of way.

Edit: http://property.practicallaw.com/9-385-9230#a808524

marlot

http://www.screwfix.com/p/gate-spring-black-200mm/17251?_requestid=1956057

Sambucus_Nigra

Just get a gate closer fitted. That is why they were invented - to close gates after forgetful people.

plumface

[QUOTE=I_cannot_read ;55825939]Nope. The right under English law to abate unlawful obstructions on a right of way.

Edit: http://property.practicallaw.com/9-385-9230#a808524[/QUOTE]
Taken directly from the link you gave and obviously, not read properly.

Abatement is only appropriate in simple cases or where an immediate remedy is needed.

• If there is more than one way to abate the nuisance, the least "mischievous" method should be used as the party abating a nuisance must act in the most reasonable manner available.
• The party abating the nuisance must not cause any unnecessary damage.
• Unless it is an emergency, or there is no need to enter onto someone else's land, the party abating the nuisance should give notice to the party causing the nuisance.

You cant go and smash someones gate down just because you cannot put your dustbin out! :rotfl:

milliebear00001

This is very odd!

I also live in an old terrace with exactly this right of way on the deeds, although ours are now all closed off and I am the end house, and nobody needs to access my garden (although I bought, knowing I could demand my neighbours reopened theirs). My previous house (other end of the country) had the same. It is incredibly common in old houses.

Easily solved. Get a gate closer, so that if your neighbours forget, your child will be safe. Note the fact that it is YOUR child, and hence, solely your responsibility and that you chose to buy a house with a common right of way across the back and so should accept that you will have to watch said child like a hawk (we moved because we couldn't guarantee our child would be safe in our previous Right Of Way garden).

Talk to your neighbours, explain you have a young child, and ask them to please try to remember to close the gate when they've been through.

Getting cross with people because they didn't feel adequately responsible for your child is a non starter frankly.

milliebear00001

plumface wrote: »

Taken directly from the link you gave and obviously, not read properly.

Abatement is only appropriate in simple cases or where an immediate remedy is needed.

• If there is more than one way to abate the nuisance, the least "mischievous" method should be used as the party abating a nuisance must act in the most reasonable manner available.
• The party abating the nuisance must not cause any unnecessary damage.
• Unless it is an emergency, or there is no need to enter onto someone else's land, the party abating the nuisance should give notice to the party causing the nuisance.

You cant go and smash someones gate down just because you cannot put your dustbin out! :rotfl:

This seems to refer to people accessing private land, which does not apply here. The house appears to have a public right of way across it. That right of way is not private property, but common land, and so I can't see that this applies.

My terrace has a public right of way across - giving access to the owners of the houses. My neighbours have no control of it at all.

My previous house had a ROW across the back and gave access to every Tom, !!!!!! and Harry who wanted to walk through my garden if they so chose (luckily, nobody did). I had no legal right at all to block the access with a gate.

Sooki

Our house has a right of way between the houses with access to the street and no gates except for the street access. And we put each others bins out and bring them back in and speak to each other etc... Etc....

If you know this is an issue to you why are you letting your young child out the back unattended knowing it is quite possibly unsafe for them, couldn't you just go out with the child first and check your garden is secure for them.

They possibly might dissaprove of the gates (who put the gate in)or even another neighbour might be leaving it open as they are likely fed up with an inconsiderate neighbour allowing an infant to wander around unchecked and are not sure how to approach you about it and might be trying to wake you up to your responsibility without an argument.

DVardysShadow

Hintza wrote: »

If talking to them doesn't work I would have a padlock on it until they did remember to shut it. ....

If they cannot open it, how can you tell if they have remembered to close it?

Gloomendoom

plumface wrote: »

Taken directly from the link you gave and obviously, not read properly.

You cant go and smash someones gate down just because you cannot put your dustbin out! :rotfl:

If that is the only way to get your dustbin out, yes you can.

I have exercised my right to abate obstructions on rights of way more than once. On one occasion I had to remove part of a hedge and an electric fence so I could get my car through. The owner watched me do it and then complained to the council. Unfortunately for him, he was reminded that I was well within my rights and that he shouldn't have blocked the access up in the first place.

He wasn't laughing.