Neighbour Dispute

moneyistooshorttomention

I was envisaging the type of lock that has copyable keys - so the neighbour concerned can copy off those keys for her relatives. So I can't see that that would rate as "substantial interference" and the neighbour is most unlikely to take it to court to see if they would agree (which I doubt - particularly in view of total strangers cutting through to the canal) - for the sake of a tiny bit of hassle and few £s having keys cut.

Then - when the neighbour moves to a "higher place" then the lock can mysteriously get very rusty overnight.

Davesnave

moneyistooshorttomention wrote: »

Then - when the neighbour moves to a "higher place" then the lock can mysteriously get very rusty overnight.

The next owner of their house will see from the title documents that they have a clear right of way to the back door.

Also, if one lives in a terraced house with a front door onto the street, the amount of hassle is difficult to gauge when multiple couriers cannot be directed to leave parcels at the back door for scurity reasons. For some, it might be 'tiny,' but for others it could be a significant problem.

PasturesNew

Those suggesting all manner of dodgy practices, put yourself in the neighbour's position - would you want somebody trying everything they could to make your life difficult and block your right of access?

No.

The neighbour has rights. The neighbouring property over which those rights may be exercised would have had full sight of these rights while making the choice and decision to buy that house, with those rights over the land.

Anybody suggesting ways to prevent this old neighbour - and any future neighbours - from accessing and using their rights (they paid good money to be able to use those rights) are simply: Disreputable Thieves.

Davesnave

Oh, and I think this canal is possibly full of red herrings!

I agree, Pastures, the answer, as always, is to read and understand your title documents.

Many people don't, or they think they do until something goes wrong from their POV. Then they are left with wishful thinking....

bertiewhite

Is it possible to re-route the right of way so that it goes along the back of your garden instead of right outside your window?

Davesnave

bertiewhite wrote: »

Is it possible to re-route the right of way so that it goes along the back of your garden instead of right outside your window?

Not without the agreement of the other party (ies) affected.

That might be an answer for some, but there's a legal cost to be paid, the physical creation of it, and no one's going to think walking further is 'better,' unless there's a pay-off of some other kind.

Looks like a non-starter here.

stator

I don't think anyone has suggested this yet, but the only real solution is to pay your neighbour to extinguish their right of access.
This would make your house more saleable so you could look at it as an investment.
Start at £5,000

dippynina

Davesnave wrote: »

Oh, and I think this canal is possibly full of red herrings!

I agree, Pastures, the answer, as always, is to read and understand your title documents.

Many people don't, or they think they do until something goes wrong from their POV. Then they are left with wishful thinking....

You've lost me, what do you mean the canal is full of red herrings??
To put you in the picture our neighbour on the other side also had issues with folk running through garden to get to canal, mainly schoolkids at lunchtime who run through from the high school to get to the shops at the other side of canal. He put a stop to it by putting a lock on HIS gate, his midterraced neighbour is happy about it as they don't use the back door apart from taking bins out, and they take turns to put bins out and back in again.
I have obviously read the title deeds, or else I couldn't have quoted from it earlier and the impression I got (and from the Citizens Advice AND the council when they read it) was that it was for her and not non-residents.

Davesnave

dippynina wrote: »

You've lost me, what do you mean the canal is full of red herrings??

I will spell it out, but I think it's obvious that there is no logical connection between people accessing gardens to reach the canal and the neighbour's RoW.

As someone who has roughly 280m of boundary next to a public road, I'm fully aware that if I make it possible for the public at large to get through that boundary, then the chances are that, at some time, they will. It's not as if I can supervise it all the time.

So, security being important, I make sure the boundary is secure enough to deter them.

I'd suggest you do the same.

I do understand that you were given duff information by the CAB and the council and I'm sorry about that. It's not uncommon - had similar myself, which is why the internet is so useful.

bertiewhite

Davesnave wrote: »

So, security being important, I make sure the boundary is secure enough to deter them.

I'd suggest you do the same.

That's what the OP wants to do but she's being told that she can't because it will infringe her neighbour's ROA.

As I understand, she also wants to make the property secure for a dog as well.