Side Garden Access Dispute

paddy's_mum

You might like to find a plain English summary of the McMeekin v Long case, print it out and highlight the vast amount of costs and compensation that was awarded.

Then politely hand it to your very stupid neighbour, ask him if he wishes to a/ stymie his own sale b/ search all over town for a solicitor who will take his case to inflict his bullying upon you c/ face your house Insurer's Legal Team as they take action against him to prevent potential financial loss to their client (you) and d/ explain to the Judge his justification for wilfully obstructing your ABSOLUTE RIGHT.

The man is a deluded bully and needs to be politely but firmly put in his place. Good luck.

Toddycool

Thanks for all the help everyone.

I shall get hold of a copy of the case and go through it. We're going to speak with him one more time amicably, point out a few facts and then just escalate it from there if need be.

Hopefully when he sees that we've done all of the work he'll understand that this won't become our new front door and that it will be rarely used. He is just a bit of an idiot who's stuck in his ways and I don't think he can quite compute the simple request that we initially, politely, asked for!!

Fingers crossed everyone and thanks again!

keystone

Toddycool wrote: »

Hopefully when he sees that we've done all of the work he'll understand that this won't become our new front door and that it will be rarely used.

Oh a totally different complexion then. Are you talking about access to carry out manitenance on an existing structure on your land that you can't get to from your side?

If he is unreasonably witholding permission for your to access his land (which you can request irrespective of whats on the deeds) then you can apply under the Access To Neighbouring Property legislation from 1992 to force him to grant you that access. This doesn't apply for new build stuff like an extension.

Cheers

Toddycool

We needed the access at the time as we were clearing our garden and getting it landscaped and building a new shed at the back. All this work has now been done as our nice neighbours the other side said that we can use their side access and just lift up a fence panel to get into our garden from their side.

Our garden is all completed and finished now with access still left to get to the gate that joins both our gardens so he can't claim that it's blocked off now.

Like I stated before, it's now a matter of principal that he's not allowing us something, that as far as we can see, we have a total right too. Again, it's just for when we ever come to sell our place or need to get anything big/messy into our house/garden then we have the option of taking it round the back.