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Neighbour Dispute
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unforeseen wrote: »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
Thanks for reply. The issue I have is that she never uses her front door. Not one other person in a mid-terraced house in our street uses this pathway, to the extent that other neighbours are constantly asking how we can put up with it.If life gives you lemons, make lemonade.;)0 -
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Thanks for reply. The issue I have is that she never uses her front door. Not one other person in a mid-terraced house in our street uses this pathway, to the extent that other neighbours are constantly asking how we can put up with it.
You should have looked into the ROA before buying.
When it comes to ROWs and similar it is the land benefits that has all the advantages and benefits.0 -
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As others have said. She (most probably) has all the rights in the world to come and go, with and without her visitors, as often as she and they like, in light and in darkness. With or without bins, dogs, gifts, smiles and scowls.
You cannot "do" anything to slow her, or prevent her from using it.
She does not have to use her front door - for all you know it might be troublesome and awkward, or they've lost the key, or there's a myriad of furniture behind it now.
You cannot dictate to others how they can come and go from their property when they have every right to do what they are doing.
You are (most probably) the one who is entirely in the wrong here. You might not like it, but it's what you bought!0 -
I really appreciate all the replies. I am really taken aback at some of the replies as the information is the opposite of what I've been advised. I'm grateful for your help and realise sadly I'll need to put up with it.If life gives you lemons, make lemonade.;)0
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I really appreciate all the replies. I am really taken aback at some of the replies as the information is the opposite of what I've been advised. I'm grateful for your help and realise sadly I'll need to put up with it.
Advice is given as people present the question and evidences.
Maybe you skewed "your way of thinking" in your dealings with the CAB and Council and didn't have a copy of the deeds for their inspection.
The deeds say what is right ...and rights in law.
Any conversations you/advisors have between each other without sight of those deeds are all hot air.
In your opening sentence you tell us she does have a right ..... and if she has a right then that's hers and nothing you can do can take it away from her.0 -
I'd put a gate at the side with a bolt (or security latch or similar) or two on the inside of it. Tell them it's for security because local children have been going in the gardens (yours and theirs) at late hours--or a similar reason.
They might not find it so convenient if they have to lean over a gate (or stretch up and reach over if a highish gate) and undo a couple of bolts, especially if those bolts become a little stiff as time goes on...[FONT="][FONT="] Fighting the biggest battle of my life.Started 30th January 2018.
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I'd put a gate at the side with a bolt or two on the inside of it.
They might not find it so convenient if they have to lean over a gate (or stretch up and reach over if a highish gate) and undo a couple of bolts, especially if those bolts become a little stiff as time goes on...
If the neighbour has the right - then this would be unlawful. It'd also probably start to count towards "neighbour harrassment" and even "elder abuse"...
If the neighbour has the right of way - she has it - that's it. While gates can be erected etc, they must not prevent access by the said neighbour at all... including making the lock/bolt inaccessible.
That is the way to start a full blown neighbour dispute - and I suspect the old lady's son probably already thinks the OP is "starting to harrass my old mum as they think she can be bullied now she's on her own"
So far, the actions have just been "bullying the old dear", but the OP is clearly heading for outright harrassment!0 -
Back in the day when I was a lot younger than I am now I cannot recall anyone who ever used a front door.
Well except for the dead, coffins always went in and out of the front door IIRC.0
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