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

missbiggles1

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

Having rear access to a terraced property is usually considered a selling point, whether or not it affects the price. If both you and your neighbour with the raised garden both renew the access path, you'll benefit from it as well.

You haven't mentioned this but who actually owns the land with the ROW on it that you've enclosed? It doesn't belong to you or your other neighbour so you've obviously both pinched it from someone.

2596

Tigsteroonie wrote: »

I think it's going to be funny seeing her walk through your mutual gate, across the back of your garden, open the gate to your other neighbour who has raised their land ... and not get any further. Unless she gets that final stretch of access, she's not going to get her wheelie bins very far Maybe you should point this out, and confirm that you will reinstate the access by way of gates once your neighbour does the same.

Yes I know she has no idea how many problems she is about to encounter with the other neighbour! She has no intentions of fixing her garden as I have asked her to do so a year ago when her built up mud garden had rotten the fence and the posts and me and my husband had to fix it at our exspence and time.meanwhile she smoked week and blared loud music...I couldn't have been more unlucky with my neighbours! I imagine she will have a lot of legal fees to cover to get her to comply and after all the fees she has paid out over the attic I am sure this won't please her.she is her own worst enemy!

2596

missbiggles1 wrote: »

Having rear access to a terraced property is usually considered a selling point, whether or not it affects the price. If both you and your neighbour with the raised garden both renew the access path, you'll benefit from it as well.

You haven't mentioned this but who actually owns the land with the ROW on it that you've enclosed? It obviously doesn't belong to you or your other neighbour so you've obviously both pinched it from someone.

It is a shared access pass between all three houses.not one sole owner it belongs to all of us.

Gloomendoom

If the shared access isn't currently used, how do people get their bins out?

2596

Gloomendoom wrote: »

If the shared access isn't currently used, how do people get their bins out?

Nearly all of the houses..even the great number of other ones with an access path keep their bins out the front as its much easier and nearly everyone does it.including my next door for the past two years without complaining.also herself and me have a gate that leads out to the back public pathway so we both have back access.She would have to do a long walk round the alleyway to get her bins in her back garden but she does have the back access gate in her garden.

phil24_7

I'll give you a few options.

1. Reinstate the right of way as legally required.
2. Say you will reinstate when she complies with the law regarding the loft conversion.
3. A curve ball...Offer to buy out the other owners of the land and remove the right of way legally, she could then use any money to comply with her legal obligations regarding the loft.

Who actually owns the land out the back (how many houses?). You still haven't posted a picture of the deeds so we can try to find the best route forwards.

Regards
Phil

liney

Surely he can't buy her right of way as it also belongs to the other neighbour too.


No doubt she will be in contact with the authorities regarding both obstructions - i would be.

phil24_7

phil24_7 wrote: »

I'll give you a few options.

1. Reinstate the right of way as legally required.
2. Say you will reinstate when she complies with the law regarding the loft conversion.
3. A curve ball...Offer to buy out the other owners of the land and remove the right of way legally, she could then use any money to comply with her legal obligations regarding the loft.

Who actually owns the land out the back (how many houses?). You still haven't posted a picture of the deeds so we can try to find the best route forwards.

Regards
Phil

Please re-read what I posted.

phil24_7

It may even mean a simple rights swap with all but the middle plot (the one with the full length garden) depending on which properties actually have the different rights.

Ozzuk

I believe removing rights from a property is extremely difficult, even if everyone agrees. Also, saying I'll stop breaking the law when you do is not a defense.