Neighbour Dispute

dippynina

Not sure if this is correct place to post this but hoping someone could advise as I'm at my wits end. 😩
We live in an end terraced house. Our elderly neighbour next door has a right of access to the path round the side of our house. She never uses her front door. Her family never use the front door either and all traipse round the back. We hate it as we have no privacy as they are literally walking past our back door. It wouldn't be the first time I've had to duck in my own kitchen as I've only got a towel wrapped round me and her son has walked passed. Also in the winter, they walk round in the dark giving me a real fright when I see a face at the window! In the summer when we're eating dinner outside the pass within 3 feet of our table! We have never said anything but things have gotten worse in the last year as sadly her husband passed away so her family visit more regularly. This is completely understandable but they still use the back door so on average they pass half a dozen times each day and more at the weekends.

We are in the middle of putting a six foot fence up which I had permission for (even though I didn't need to) but we know how difficult she can be. (It also has slip bolt lock). There are numerous reasons why we're putting it up. I.e. We have had people use our garden as a shortcut to get to the canal, we are planning on getting a dog in the near future. I inherited a lot of expensive garden ornaments when my dad passed away a few months ago.
Anyway, we thought this was the ideal time to ask her if the family could start using the front door. She has point blank refused. Now as far as I'm aware she should only be using the path for taking bins out and for workman etc. The issue I have I can't find any literature stating this.
Things have gotten out of hand a few days ago when we locked the gate and her son tried to get round. He banged our front door and started shouting abuse at us, he then threatened my husband to the extent we had to call the police.
Since then I have been to Citizens Advice Bureau who agreed with me it was unacceptable and they wrote a letter on our behalf to ask them to stop them using the path. I have phoned the council who again agreed this shouldn't be happening and suggested a mediation meeting. Over the last few days they have continued to ignore our pleas and defiantly walk past out back door. I suffer from anxiety and panic attacks and my husband had a TIA a few months ago and this is completely stressing us out. We just don't know where to go from here, short of seeing a lawyer

Carrot007

dippynina wrote: »

Now as far as I'm aware she should only be using the path for taking bins out and for workman etc. The issue I have I can't find any literature stating this.

You may have been told this by someone when buying the property. However a ROA is a ROA.

I had one at my last property, it is what it is. they can walk round 24/7 if they feel the need.

Either accpet it or move.

unforeseen

Download the deeds for her house and find out the fact wording of her rights.

You will probably find the she and everybody else is quite within their rights to use it as they do. However by putting a locked gate on the ROW you are substantially interfering with their rights and need to leave it unlocked.

Mojisola

dippynina wrote: »

We live in an end terraced house. Our elderly neighbour next door has a right of access to the path round the side of our house.

Things have gotten out of hand a few days ago when we locked the gate and her son tried to get round. He banged our front door and started shouting abuse at us, he then threatened my husband to the extent we had to call the police.

Since then I have been to Citizens Advice Bureau who agreed with me it was unacceptable and they wrote a letter on our behalf to ask them to stop them using the path.

Check their deeds but it's likely that they have every right to use the path whenever they want and as many times a day as they want to.

Whoever you spoke to at CAB needs retraining.

TheCyclingProgrammer

If you have a lockable gate the I don't see why you couldn't leave it locked and give your neighbour a key on the condition that she does not give a copy to anyone else.

It will depend on the wording of your deeds but IMO her right of access would not be infringed as she would have access whenever she wants. I don't see why you should have to compromise the security of your property for her lazy family.

dippynina

Surely common courtesy should prevail and the family should use the front door. I don't mind her using the path. Her excuse for not using the front door is that she doesn't want her carpet to get dirty. The title deeds state 'the feu is burdened with a servitude right of access in favour of the proprietors of dwelling house number **. Surely .....not her family who don't reside there?
The family use it more than we do, yet it is us that has to pay for maintenance costs as they cannot afford it. Furthermore, are the Citizens Advice and council both wrong in saying use of it should be kept to a minimum?

Mojisola

TheCyclingProgrammer wrote: »

If you have a lockable gate the I don't see why you couldn't leave it locked and give your neighbour a key on the condition that she does not give a copy to anyone else.

It will depend on the wording of your deeds but IMO her right of access would not be infringed as she would have access whenever she wants. I don't see why you should have to compromise the security of your property for her lazy family.

A ROW is rarely just for the house owner. It's usually for the use of anyone visiting the house.

Some solicitors don't do a very good job of explaining what a ROW is and how it can impact on the servient property.

Carrot007

The deeds are just likely to say there is a right of access and not specify any more so yes she can use it as much as she likes.

As for a lock and key. This will be seen as denying people access to her property though a reasonable route rith rights of access. You could give here a key and allow her to give a key tyo anyone she wants but you will be denying people without a key and likely be in breech.

Really I had this as my last house. I looked into it. It really depends on the terms in the deed but I doubt it is different to what mine was.

I ended up having a sectioned walkeeay and fenced off my back garden. But they can still walk round the house and you will be unable to change the path without their co-operation.

As I said before. Put up or move.

unforeseen

TheCyclingProgrammer wrote: »

If you have a lockable gate the I don't see why you couldn't leave it locked and give your neighbour a key on the condition that she does not give a copy to anyone else..

The right of access is normally for anybody that visits, including delivery people etc. As I said it will be a substantial interference to the dominant tenement

dippynina

unforeseen wrote: »

Download the deeds for her house and find out the fact wording of her rights.

You will probably find the she and everybody else is quite within their rights to use it as they do. However by putting a locked gate on the ROW you are substantially interfering with their rights and need to leave it unlocked.

Fair point, with regard to lock. Only locked it for a short period of time just as it was fitted and it was unfortunate my neighbour came home at that point.

unforeseen

dippynina wrote: »

Surely common courtesy should prevail and the family should use the front door. I don't mind her using the path. Her excuse for not using the front door is that she doesn't want her carpet to get dirty. The title deeds state 'the feu is burdened with a servitude right of access in favour of the proprietors of dwelling house number **. Surely .....not her family who don't reside there?
The family use it more than we do, yet it is us that has to pay for maintenance costs as they cannot afford it. Furthermore, are the Citizens Advice and council both wrong in saying use of it should be kept to a minimum?

Yes, they are both wrong. There is nothing in those words that limit the use.

Right of access in favour of the proprietor is quite a loose expression. It means they can decide what use is made of the ROA and who uses it