Shared access and neighbours bins ...

drdog_2

I have a mid terrace house. Part of the way up the back garden is a path that runs across the garden giving neighbours access to their back gardens.

On the house side of this path, running along side the path, is a hedge. On the garden side of the path, again running along side the path, is a fence I erected some years ago. There is nothing blocking neighbours access. There is a gate in both the hedge and the fence.

Recently my neighbour strimmed the side of the path. I had some alpine strawberries growing in the 6 inch strip of soil that is between the concrete path and the fence.

They have erected a fence between my garden and theirs, with a gate across the path. This does not block my access to the street, which is in the other direction. However, they have now taken to putting their bins on the path on my side of the fence, partially over the strawberries they strimmed. Their bins do not block the path [which also leads through their garden to one further garden], however they do partially obstruct it.

I assume that they have right of access along that path - not got a problem with that.

However, I do not believer that they have any right to cut plants that were not causing any obstruction to their right of access. Equally I do not believe they have a right to put their bins on the path that I believe lies within my garden.

Before I have a polite word with them I just need to clarify that they do not have the right to put their bins there, even though I have effectively separated the path from the rest of the property ... it is still my property I believe.

G_M

1) neighbour issues are always best dealt with over a cup of tea, with cake, and an amicable discusion.

Having said that

2) check the ownership of the path itself. Look at the Land Registry Plan for your property (£3 here if you don't already have it). Is the path included within your Title?

3) check you Title document (another £3) for indications of your rights/obligations (ie to provide a ROW to the neighbour). Check the precise wording

4) Now do the same for your neighbour's Title and Plan (again £3 each) to see what rights they have.

drdog_2

Ok - done that. The path is shown in the map for my house as being entirely within my land. The red lines dissect the path at the point where there are fences/gates [interestingly there is no implied right of access noted in the extract for me to use the communal access to the street!]

On the map for the neighbour, the communal access, which extends through my garden in their case is shown, shaded in yellow.

The rights listed are, and in wonderful legalese:

""Together with the right of way but subject to the right of drainage
that were respectively granted and reserved by the said Lease and
together with but subject to all rights easements and quasi easements
enjoyed or suffered by the property hereby conveyed in conjunction with the adjoining or adjacent property or which would have been so suffered or enjoyed had not the property hereby conveyed and the said adjoining or adjacent property been in the same ownership".

and (assigned at an earlier date):

"Together with the right for the Lessee and the persons deriving title
under him in common with the Lessor his Superior Lessors and the
persons deriving title under him or them and all other persons entitled
to the like right to use the strip of land coloured yellow on the said
plan for all proper purposes connected with the use and occupation of
the property hereby demised the Lessee paying a fair and proper
proportion of the expense of keeping the same in good repair such
proportion in case of dispute to be conclusively determined by the
Lessors Surveyor and Together also with and subject to all rights of
way water light drainage and other easements of a continuous nature now enjoyed by the property hereby demised and the adjoining property of the Lessor over or under such properties respectively and
notwithstanding that by reason of unity of ownership title possession
or otherwise no such easement or right could actually hitherto have
subsisted EXCEPT AND RESERVED unto the Lessor his Superior Lessors and the persons deriving title under him or them full right and liberty at
all times hereafter to drain into and through the drains through and
under the demised premises and if and when necessary with workmen and others to enter upon the demised premises for the purpose of opening cleaning and repairing the same".
... what ever all that means!

However the phrase that appears to me to be most relevant is "for all proper purposes connected with the use and occupation of the property" - would that include storing your wheelie bins on my land?

In storing their bins, they are however blocking access for the neighbour on the other side of their house and also blocking access for me doing maintenance of part of my garden.

drdog_2

I should add that my title does not mention any necessity to maintain as right of access! I wonder if that would be contained within the full title deed

moneyistooshorttomention

The thing about rights of way - as I understand it - are they are for passage up and down and not for stopping on.

This being the case - they and their bins cant stop on the path (even if it wasn't your bit of path).

Nor does it say anything about them amending your plants.

Looks quite clear to me - they have no right to bins there, they have no right to trim your plants there.

Start by telling them politely verbally its not on.

If that doesn't work - tell them in a letter.

Lets hope you don't have to "go higher up" the action scale than a letter to them at most (enclosing evidence they aren't allowed to do these things).

chris_m

moneyistooshorttomention wrote: »

The thing about rights of way - as I understand it - are they are for passage up and down and not for stopping on.

However, the RoW text doesn't say anything like "to pass and repass" which I believe many do if the right is solely for access.

However the phrase that appears to me to be most relevant is "for all proper purposes connected with the use and occupation of the property"

That makes me wonder whether it could actually be argued that storing bins there is a proper purpose, etc., etc.

drdog_2

Indeed chris_m, my thought exactly with regard to the phrase "for all proper ..."

However, in doing so they block access for the property that has a similar right of access through their property and mine. In addition to that they obstruct my access to my property "for all proper purposes connected with the use and occupation of" MY "property" - ie maintenance of hedge, fence and garden. And enjoyment of my garden without their bins cluttering it.

So I would be inclined to doubt that the intention of the phrase is to allow my neighbour the right to use my and for their purposes in a way that adversely affects me using my land for my purposes or any other person who has reasonable right of access.

bouicca21

As GM says, this sort of thing best sorted over a cuppa and cake. The neighbours probably thought they were doing you a favour by tidying the strip. Possibly they don't realise it's your land. A gentle reminder and pointing out that they are obstructing access for you as well as for far neighbour (who for the sake of peace might well just turn round and say they don't really care, so might also have to be brought onside).

drdog_2

I should point out that if you have a path that is 4 feet wide at most and you put two wheelie bins in it, (side by side along the path, not side by side across) you do kinda block most of the path.

chris_m

drdog wrote: »

So I would be inclined to doubt that the intention of the phrase is to allow my neighbour the right to use my and for their purposes in a way that adversely affects me using my land for my purposes or any other person who has reasonable right of access.

I would agree, but would your neighbours? It's not exactly cut and dried.
A friendly chat would be the next course of action IMO.