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

2596

It is terraced housing in a row of six.the middle to houses and gardens (one of which belongs to the neighbour who wants tha land back!) run the full length of the gardens and the two houses either side (me and my other neighbor on one half) should have an access path running along the bottom out to the side of the last house and into the front of the houses.She does not only have my garden as a problem she also has my other neighbours built up closed off garden that she uses as a junk yard to contend with...hope that makes more sense ��

Aylesbury_Duck

I'm surprised that she wasn't made fully aware of the dispute over the attic conversion when she bought the property.

I think you should remove the emotion from the situation and review the facts. You use words like revenge and vendetta. For those to be accurate, she clearly feels wronged by you. None of that will get you anywhere.

Looking at the facts (and not being accusatory, just factual):

1. Three years go, despite knowing the contents of your deeds, you decided to close off an access path, appropriate the area into your enclosed garden and built a shed on it. You know that was incorrect, and using your neighbour's actions as a precedent doesn't make it correct. It was a risk you thought worth taking given the circumstances of the time.

2. Separately, you have an ongoing dispute with a neighbour about an attic conversion. Separately is an entirely appropriate word to use because you should view the two matters as separate. One may have led to bad feeling and the raising of the other, but that's irrelevant.

3. Your neighbour is asking for you to reinstate access. You should do so in accordance with your deeds. If that means relocating your shed and installing a gate or gap in your fence, you should do so. To not do so risks action on her part to force you to do so.

It doesn't matter what sort of character your other neighbour is, you can't hide behind their actions and likely stance to justify inactivity on your part. You rightly expect your neighbour to make good the adaptations to her house which impinge upon your rights and deeds. Why should she not rightly expect you to do the same on a separate matter?

Aylesbury_Duck

2596 wrote: »

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

Access means exactly what it says. Access, so no, it doesn't mean she can store things there.

No-one can tell you the impact on property price, but it's irrelevant anyway. What's relevant is what is in the deeds.

TeamPlum

Sounds like she's just doing it to cause trouble. Put a gate in and don't make a fuss about it. It will take the wind out of her sails.


. . . Then buy an Alsatian, just to discourage her from using said gate

phil24_7

As mentioned, what you HAVE to do will be in the deeds.

It may well be that a gate at either side is fine or it may be that you need to move you shed a little. Either way, once this is done, you need not do any more. If she wants to take the other neighbours to Court then that is her business.

She is, however, likely to only make you comply as revenge and putting a gate could very well annoy her as it is a perfectly legal work around!

Put the wording on your deeds, as well as any diagrams, on here so those in the know can better inform you.

2596

I will post this information as soon as possible thank you for all you help so far!��

DRP

TeamPlum wrote: »

Sounds like she's just doing it to cause trouble. Put a gate in and don't make a fuss about it. It will take the wind out of her sails.


. . . Then buy an Alsatian, just to discourage her from using said gate

Agree, but putting myself in the neighbour;s position, they have just moved into their nice new house and the OP is 'just making trouble' regarding how they use it (loft).

Silver-Surfer_2

TeamPlum wrote: »

Sounds like she's just doing it to cause trouble. Put a gate in and don't make a fuss about it. It will take the wind out of her sails.


. . . Then buy an Alsatian, just to discourage her from using said gate

Which will put him back to square one. He'll have to reinstate the original fence losing the garden he gained by opening it up.

Hoploz

I lived in a similar terrace situation. The access at the rear was meant for fire brigade access as well as maintenance and bins, so it ought to be maintained really. But a gate would suffice. Should be kept unlocked. However, if she's really that unpleasant it might be nicer to fence it off again as you won't want to be looking at her walking up and down and poking her tongue out at you will you.

dominoman

I'd love to hear the neighbour's position on this. She's moved into a house with a loft conversion that wasn't done to building regs standard (a very common situation). As soon as she does she starts getting complaints that she is using her room to live in and not just as storage (nobody's business but hers).

At the same time the person complaining about her loft not meeting building regs has unilaterally acquired a piece of common land that provides access to her garden and is now preventing her from having access to it.

She is quite justified to feel aggrieved in my opinion.