Right of access denied

m0bov

I would ensure you use the ROW often to keep it "live". Don't make a fuss, but if she sees you again tell her you have ROW and you'll be as discreet as possible.

Mojisola

moneyistooshorttomention wrote: »

I would be taking my rubbish through my house personally - rather than "invade" someone else's garden just because I "had a right to".

Using a right of way isn't invading someone else's garden.

The neighbour's house would have been cheaper because it carries the burden of a ROW and the OP's house would have been a little more expensive than if the ROW didn't exist - it's a legal agreement, not someone being stroppy.

If I had the use of a ROW, I would also be considerate in the use of it but wouldn't give a guarantee that it wouldn't be used at certain times or more frequently than a set number of times a week.

danslenoir

moneyistooshorttomention wrote: »

Having said that - I wouldn't personally be claiming that "right" unless I had to (eg having to take bulky items I'd bought in that way - because they literally wouldn't manage to come through my house). I would be taking my rubbish through my house personally - rather than "invade" someone else's garden just because I "had a right to".
.

Look, we're really not trying to be difficult or invade on anyone's privacy.

Not using the right of way to take our bins out would mean either:

-Leaving three large and unsightly wheelie bins directly in front of our small living room window spoiling not only the pretty view of the front of the cottage terrace, but also meaning smells might waft in whenever we need to open our window (often as lots of condensation due to single glaze sash windows) and that there would be even less space on an already tiny driveway for my car

-Having to drag wheelie bins in and out of our house every week, which would mean not only dragging dirty bins over our nice wooden flooring butaltering the layout of our very small lounge or having to move our sofas every time we need to do this as there is currently not enough room for the wheelie bins to fit through.

Is it really so bad we want to make use, in a way that is as considerate as possible to the neighbours, of a right it seems we are legally entitled to in order to avoid the above, not to mention preempting any potential pitfalls when we come to sell and this issue is raised again?

Person_one

Just use it.

When they complain, just pretend you don't even realise they are trying to stop you or be unpleasant, just smile broadly, keep dragging your bin along and say "oh don't worry, we won't be a nuisance! Shame there are so many bins these days isn't it? Did you have a nice Christmas?" In a cheery breezy voice.

Basically, keep doing what you're entitled to, but be completely obtuse/dense about it and relentlessly pleasant at all times. Never stop moving long enough to get into a drawn out conversation on the matter.

Davesnave

Mojisola wrote: »

Using a right of way isn't invading someone else's garden.

I'm always mentioning here that in my local town there are many similar arrangements, for up to four old properties in one row.

Perhaps it does feel a bit like an invasion when I visit, because some of the residents open their gardens for charity and that's when I get to see this. Not everyone participates, but they still get a few hundred people passing through! :rotfl:

iammumtoone

If i was the OP and the neighbour continued to be funny about it, I think I would consider using that route as my normal route to and from my house its a ROW which means exactly that if you wanted to walk up and down it all day you could.

If the neigbour respected my right and left me alone then I would of course be considerate and only use it when I needed to.

When I was house hunting my budget was small so I looked at a few with ROW in the gardens, some were lovely houses inside but I didn't offer on any as I just didn't want people using my garden as a walk through or coming onto my garden to wash their windows etc. The neigbour would have had the same choice.

iammumtoone

Quizzical_Squirrel wrote: »

Just to make the point, although it seems not to apply in this case, sometimes older people who've been in their homes a long time, didn't specifically choose a house with an access route through their individual garden. Sometimes it evolves rather than making a conscious choice.

My fingers are so cold, I've had to retype about a dozen words in this post. Sorry if I missed anything. It's like typing with frozen fish fingers

Hows does that work then? I own my house and garden, are you saying in the future someone could decide there needs to be a ROW created through my garden :eek: Surely I would have to agree to it? or someone would have to pay me for it? Or would I have no choice and just have put up with it?

Hope your fingers are feeling better

moneyistooshorttomention

iammumtoone wrote: »

Hows does that work then? I own my house and garden, are you saying in the future someone could decide there needs to be a ROW created through my garden :eek: Surely I would have to agree to it? or someone would have to pay me for it? Or would I have no choice and just have put up with it?

Hope your fingers are feeling better

What I think the poster is referring to is someone having gained what are called "prescriptive rights" in the past - and then had them written into the Deeds that they have them.

This could occur through a householder having - in all good faith - let a neighbour use their gardens for access and then they (or the next house-owner) decides not to allow it any longer. BUT neighbour using that access refuses to give it up and successfully manages to gain those "prescriptive rights".

Certainly it is not a good idea to do that sort of favour for a neighbour - just in case they have had use of that favour for some time and don't wish to give it up and then take it by force (ie apply for "prescriptive rights" against the unwary naive good-hearted neighbour that allowed that favour).

Mojisola

moneyistooshorttomention wrote: »

What I think the poster is referring to is someone having gained what are called "prescriptive rights" in the past - and then had them written into the Deeds that they have them.

This could occur through a householder having - in all good faith - let a neighbour use their gardens for access and then they (or the next house-owner) decides not to allow it any longer. BUT neighbour using that access refuses to give it up and successfully manages to gain those "prescriptive rights".

A neighbour can't gain prescriptive rights if they were originally given permission by the owner of the land. If permission is given, it can be withdrawn.

A neighbour would have to be using the path without permission and without being challenged by the owner for years before they could claim any rights.

vanilla_twist

Use the gate in a manor you think is sensible.

Don't bring your bins through your house or leave out the front as this will obviously damage your enjoyment of your own property and you have bought a house and paid for the right to use the gate.

Be considerate and never leave the gates open.

I know of similar terraces where they still have no fences. I think must be in deeds and others where they section the garden off the other side of the right of way so can enjoy uninterrupted use of garden.

I would have no problem using the gate in a reasonable manor and would certainly not put myself out to the extent of bringing bins through the house

V x