Right of access denied

Wilma33

Looking at it the other way, if she was a considerate neighbour then she wouldn't mind you putting your bins out next week whilst she is putting together the evidence to show you can't do it in future weeks. Just carry on as normal until you have some evidence that you can't use it (which will never happen). Don't make her admit she is wrong. Just carry on as normal, put your bins out and be super friendly whenever you see each other.

iammumtoone

danslenoir wrote: »

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?

In that case speak/pop a note through the door to her again and tell her that you will give her two weeks to look for and produce any evidence that contradicts what you have provided and if she doesn't then you will be using the ROW until such time she can produce something which you will then seek advise over,

Don't just stop using it otherwise you give her grounds to use the excuse that after your conversation you stopped using it which lead her to believe that you had thought about it and agreed with her.

powerful_Rogue

Out of curiosity, what would happen if the neighbour did put a padlock on the gate stopping the OP from using the ROW?

davidmcn

powerful_Rogue wrote: »

Out of curiosity, what would happen if the neighbour did put a padlock on the gate stopping the OP from using the ROW?

The OP could ask a court to order them to remove the padlock.

Mrs_Imp

Quizzical_Squirrel wrote: »

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

Raynaud's? I sometimes have type with my thumbs!

somethingcorporate

How did it go OP?

xylophone

Use the gate in a manor you think is sensible.

The Lord of same might object?:D

mark5

I would not stop using the gate, I would use it as when you need to until your stopped by a court order or the neighbour produces evidence to back up what she claims.

moneyistooshorttomention

Mojisola wrote: »

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.

I guess I phrased that badly - as in not "letting the neighbour have access" (as that implies a deliberate act of giving permission). More a case of noticing that the neighbour is "taking" access they haven't been given permission for and not making the effort to tell them they don't have permission and must cease.

moneyistooshorttomention

danslenoir wrote: »

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?

I am wondering whether it's one of those situations whereby access was used over her garden in the past, but hasn't actually been formalised as a ROW that legally HAS to be kept open (whether she wants it or no). The thing is whether she was told by her solicitor to keep the gate locked full stop (as in = all the time) OR told she could safely keep the gate unlocked and allow access but must lock it one day a year to make it plain she had "given permission" to use it if it suited her, but had the right to withdraw that permission any time she pleases.

As I understand the law - one can safely allow people to use access on your land, provided there is a gate that is locked at least one day a year (ie so they cant claim "regular access" and therefore prescriptive rights to an official ROW).

The other possibility is that she is lying. I have found, in my own experience, that a neighbour can very earnestly/forcefully tell you "My solicitor said/My solicitor has done" etc etc and they haven't been anywhere near their solicitor and are lying.

********

But, whatever the facts of this are, it is very clear you will have not just "something likely to lead to a dispute", but an actual "dispute" on your hands if you do go through her garden and it will have to be declared should you sell your house in the future. Plus - there is obviously zilch chance of her being at all neighbourly to you if you keep using the access (ie there will be visible "frost in the air" if she spots you using it and things might get accidentally left on the access route that have to be moved before you can walk across it and you would always have to be aware of any potential trip hazards on the access route). Is the game worth the candle to insist on this?