Neighbour wants access way path back? Please help!?!

2596

Hi

I have lived in my house for 3 years now.when we moved in we exstended our garden onto the right of way path at the end of the garden so it would run the full length as the neighbour on our other side had done this over 7 years ago so I have been informed so no access could be had anyway.we asked permission from the neighbour on our left to fully fence there garden off and they were happy with that.We erected the fence ourselves and fully paid for it three years ago now.two years ago a new neighbour moved in.she was very friendly and polite at first but then turned for reasons regarding her attic conversion that did not meet building regulations...anyway back to the garden.When She moved in I discussed with her what we had done and she said it was absolutely fine and she was not bothered at all and she had no use of an access path Now that the relationship has turned she has decided to claim back her right of way after two years of not at all being bothered.the neighbour on the other side has completely blocked off her garden on both sides and even raised the level of her garden a few foot so making it an access path again will be a huge job.I know she is just doing it to be nasty and get some form of rediculous revenge! I know legally it should be an access path for bins and a window cleaner but is there any loop holes? Is the fact that she has left it two years to now bring it up in my favour? The fact she verbally agree it was fine? Is my other next doors garden that has been like this for 7 years in my favour? Any help is appreciated? Thank you

Aylesbury_Duck

Check the documents you received when you bought the property. If they say that the access has to be maintained, then you have taken the actions you have done at your own risk and in contravention of the deeds. It doesn't matter what permissions you have sought and received from neighbours. As you have discovered, neighbours change and you can't expect permissions to just transfer and be inherited by a new neighbour. You may have to return your garden to its original state at your own cost.

Put yourself in the position of someone buying your neighbour's property in future. Sitting down with your conveyancer you see that you should have access and you want that access. What would you do?

stator

Do the deeds mention having to provide access for anything in particular? If not then just put a gate in your fence, you don't have to provide anything special, just allow her to walk across your land.
The neighbour who has raised the level of their garden may have more trouble allowing access, but that's not your problem. Just put the gates in and tell her she now has access.

Aylesbury_Duck

2596 wrote: »

Hi

she was very friendly and polite at first but then turned for reasons regarding her attic conversion that did not meet building regulations.

Reading between the lines here, but did you object to her attic conversion? If so, her line of thought will be that you expected her to abide by regulations but expected a free pass to ignore one applying to your property.

As stator has stated, there is a simple fix, but if my reading of the situation is correct, expect your neighbour to make frequent use of the reinstated access. Her inevitable dispute with the next neighbour along is nothing to do with you, although that neighbour may not thank you if it was your objection to the attic conversion that brought up this situation. Nevertheless, they have taken the same risk in altering their garden and removing access and it's up to them to reinstate it.

Hoploz

Is this a planning issue, or a covenant?

My first thought, like stator, was put a gate in

2596

Hi thanks for getting back to me! The attic next door was converted before we bought our house years ago and was very badly done it following any regulations at all.We have been fighting with building standards on our side to have it fixed and restored or damage to party wall fixed and stairs against part wall removed,supports in attic fixed and attach hatch reinstated.Since she bought the house she has been fighting this saying she has no money to do it but has fully renovated her house new kitchen,bathroom heating system ect....we have been thorough hell with the previous edit owner over this so when she moved in we were glad to have a "normal neighbour" but she soon turned after a year of waiting we went back to building control to state she still hasn't done anything and was using the room that she was told could only be used as storage.She has a vendetta against me and my husband now and this is her pay back.We have been patient and amicable the whole way but she is a lady that does not like getting her own way.As for the garden I am happy to put in a gate for her to have access but my next neighbour who is a loud music playing disrespectful can ibis smoker will not be as accommodating! I am sure.I have a shed at the back way...technically on the pathway will I have to remove this or just simple allowing her access would be enough? Thanks again!

Silver-Surfer_2

2596 wrote: »

Hi thanks for getting back to me! The attic next door was converted before we bought our house years ago and was very badly done it following any regulations at all.We have been fighting with building standards on our side to have it fixed and restored or damage to party wall fixed and stairs against part wall removed,supports in attic fixed and attach hatch reinstated.Since she bought the house she has been fighting this saying she has no money to do it but has fully renovated her house new kitchen,bathroom heating system ect....we have been thorough hell with the previous edit owner over this so when she moved in we were glad to have a "normal neighbour" but she soon turned after a year of waiting we went back to building control to state she still hasn't done anything and was using the room that she was told could only be used as storage.She has a vendetta against me and my husband now and this is her pay back.We have been patient and amicable the whole way but she is a lady that does not like getting her own way.As for the garden I am happy to put in a gate for her to have access but my next neighbour who is a loud music playing disrespectful can ibis smoker will not be as accommodating! I am sure.I have a shed at the back way...technically on the pathway will I have to remove this or just simple allowing her access would be enough? Thanks again!

Again that will be on your deeds.

One would think that the access maybe restricted to the path, but if you're happy to give her free access to you full garden I doubt she'll object.

2596

Hi yes it is in the Deeds as a access path.She is purely doing this as revenge so I am sure she will not accept me just putting in a gate.I will happily do this but it isn't going to get her anywhere if my other next door neighbour doesn't fix her garden and put in a gate? Will she have to take her to court as well? If this is the way she wants to go with it?

2596

She has said she wants to use it to put her bins in? Am I right in saying if it is fully restored to an access path she can not put her bins there and can only use it as a through access and her bins will have to go in her garden? Also she has stated that not having the access path that her property is devalued? Is this also true? Sorry for all the questions any help appreciated

Silver-Surfer_2

2596 wrote: »

Hi yes it is in the Deeds as a access path.She is purely doing this as revenge so I am sure she will not accept me just putting in a gate.I will happily do this but it isn't going to get her anywhere if my other next door neighbour doesn't fix her garden and put in a gate? Will she have to take her to court as well? If this is the way she wants to go with it?

As well as who?

You've stated your happy to reinstate access.

stator

What is exactly said in the deeds? If the deeds specify an exact path of access, then technically you should move your shed. If they just say 'access' then you can provide any router you like, as long as it's suitable for the purposes mentioned in the deeds. Usually it will say what the access is for, ie with or without vehicles, or carts or some such. Post the exact wording and a diagram and someone may be able to help

The other option is just to wait until she does something about it. She will have to pay a solicitor to write you a letter. At that point you could decide to put the gate in. Or you could ignore it again and see if she can be bothered going to court. If you let it go to court you may have to pay her costs, so probably best not to let it get that far.