Right of access denied

danslenoir

Well, we invited the neighbour over to chat and it was pretty friendly.

We outlined what we had been told by the vendor (r.e. absolute and non-restrictive right of way exists), presented her with the title register, said that both our solicitor and the land registry had today confirmed the right of way is valid, and asked her to go away, digest the documents, look for any of her own, speak to whoever she needs to speak to, and come back to us with her thoughts.

She was still adamant that the right of way does not exist, and said her solicitor told her when she bought the property explicitly that the right of way does not exist and that she should lock the gate that supposedly provides access. Since then, apparently, she has granted neighbours access for maintenance purposes on request, but that no one has really used it ever during the 30-odd years she has been there.

I'm a bit worried that she stated her solicitor told her when she moved in that the right of way does not exist and advised that she keep it locked. Presumably he/she would have access to the title register which clearly outlines there is a right of way?

Is there anything that could potentially supersede the current title register available from the land registry, and if so, should the title register not have been updated so that it states the right of way has extinguished, or remove mention of it altogether?

BornAtTheRightTime

You have all the documents, up to date info from the Land Registry and a face to face recent conversation with your solicitor.

In the face of all that overwhelming evidence put in front of her, after 30 years of staking her claim, is she going to say "oh yes, I see what you mean - you're right and I'm wrong" or is she going to try to save face by claiming she was told by so and so and then leave it at that. I suspect the latter.

bouicca21

My interpretation is that she knows she's wrong, can't admit it and is pretending it's someone else's fault that she has the wrong end of the stick.

Marktheshark

I find in life, when you ignore someone attempting to make trouble, you remove the power they think they hold over you.
They know you have rights to use the path, you know, so use it and ignore them.
They struck first blood and no I would not want to be bribing them with cake and tea and your life story.
say nothing, ignore the rant and use the path as your deeds say you can.

danslenoir

BornAtTheRightTime wrote: »

You have all the documents, up to date info from the Land Registry and a face to face recent conversation with your solicitor.

In the face of all that overwhelming evidence put in front of her, after 30 years of staking her claim, is she going to say "oh yes, I see what you mean - you're right and I'm wrong" or is she going to try to save face by claiming she was told by so and so and then leave it at that. I suspect the latter.

I agree, it seems unlikely to me that there is anything that could supersede the land registry (no legal expert so if anyone more clues up than me could comment on this possibility, that'd be much appreciated). If she is genuinely convinced there is no right of way and may have evidence to back this up, this has probably come as a bit of a shock to her.

To keep things on friendly terms we thought it fair to give her some time to digest this news, an opportunity to look for and produce any evidence that supports her stance, and take advice from whomever she wants.

If we don't hear back in say the next week or so we will most definitely follow up to assert what we believe, in the absence of any evidence to the contrary, that the right exists and we plan to use it.

In the meantime we figure it's probably easiest to not use it. We could be here for a while and a couple of weeks of inconvenience seems preferable to souring what could be a completely amicable relationship.

bouicca21

No, no, use it. Don't give in to someone who sounds as though she is just a bully.

Person_one

Why would you stop using it for any period of time? Don't use it more than you need of course, but if you need to take your bins out, take them out!

Wilma33

danslenoir wrote: »

In the meantime we figure it's probably easiest to not use it.

Don't do that! At the same time next week just go and put your bins out.

danslenoir

Because we want to resolve this situation amicably with either neighbor producing evidence that right does not exist, or acknowledging it does.

Evidence to the contrary seems unlikely to materialize, and for her to acknowledge that we are correct seems more likely if we remain on good terms than if she sees us just using it anyway and feels provoked into retaliating by refusing to acknowledge it and/or causing problems down the line on other matters?

Person_one

Some people find it nigh on impossible to admit they're wrong. If you wait for her to come and give you 'permission' to use the ROW that you already know you can use, you may be waiting forever!

If you just carry on using it, considerately, and are otherwise friendly, I wouldn't be surprised if the subject is never brought up again.