Neighbour Dispute

Davesnave

bertiewhite wrote: »

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.

I'm making the wild assumption that the canal is at the end of the garden, rather than by the back door, but I agree we don't know for sure.

We can be sure (I think) that the neighbour doesn't need to visit the canal in order to reach their back door.

I therefore don't see any incompatibility with the idea of preventing public egress and access to/from the canal bank and giving the neighbour free access.

But I'm open to correction on any of this.

The dog doesn't yet exist. Hopefully it won't be a badly trained Rottweiler......;) I'd not recommend a Spanish Water Dog either, unless the access to the canal is first sealed-off.

dippynina

Davesnave wrote: »

I'm making the wild assumption that the canal is at the end of the garden, rather than by the back door, but I agree we don't know for sure.

We can be sure (I think) that the neighbour doesn't need to visit the canal in order to reach their back door.

I therefore don't see any incompatibility with the idea of preventing public egress and access to/from the canal bank and giving the neighbour free access.

But I'm open to correction on any of this.

The dog doesn't yet exist. Hopefully it won't be a badly trained Rottweiler......;) I'd not recommend a Spanish Water Dog either, unless the access to the canal is first sealed-off.

To access the canal at the bottom of the garden, you would need to go along our front path through the discussed gate down my path and actually CLIMB over a locked gate at the bottom of the garden, which has been happening. My neighbour walks along the front path, through the same gate, around the side of our house and through an adjoining gate and into her garden. Another issue we are going to face within the next year is the neighbour says she is frightened of dogs, despite owning a dog Herself years ago. We already have a cat which she doesn't like and if it's lying on the path, she walks down and onto our grass to avoid it or shouts on me to remove it!

Hong_Kong_Phooey.

dippynina wrote: »

To access the canal at the bottom of the garden, you would need to go along our front path through the discussed gate down my path and actually CLIMB over a locked gate at the bottom of the garden, which has been happening. My neighbour walks along the front path, through the same gate, around the side of our house and through an adjoining gate and into her garden. Another issue we are going to face within the next year is the neighbour says she is frightened of dogs, despite owning a dog Herself years ago. We already have a cat which she doesn't like and if it's lying on the path, she walks down and onto our grass to avoid it or shouts on me to remove it!

In that case you're going to have to fence the rest of your garden from her right of way is you intend to let the dog out.

Davesnave

dippynina wrote: »

To access the canal at the bottom of the garden, you would need to go along our front path through the discussed gate down my path and actually CLIMB over a locked gate at the bottom of the garden, which has been happening. My neighbour walks along the front path, through the same gate, around the side of our house and through an adjoining gate and into her garden. Another issue we are going to face within the next year is the neighbour says she is frightened of dogs, despite owning a dog Herself years ago. We already have a cat which she doesn't like and if it's lying on the path, she walks down and onto our grass to avoid it or shouts on me to remove it!

As I suspected, the canal entrance/exit is a separate issue and can be sorted-out in a different manner, perhaps while you make changes to ensure security for a dog.

The dog would need confinement in the same way as I make sure my sheep don't escape. I have a gate into the yard and then a further gate to the field, because I know that anyone entering the yard might not close the gate properly. In your case it will be 'garden' not field, but the principle's the same.

exiled_red

I would see if you could move the right of access from the house side of the garden to the canal side of the garden. That way you can have 2 fences one enclosing your garden and one between the enclosed garden and the boundary forming the path for your neighbour's right of access. You effectively lose part of your garden but you get more privacy.

You probably need to negotiate this but if she is already walking a longer way around to avoid a cat, and it would keep her away from the dog you are getting she just might go for it.

dippynina

Thanks for all the replies. I will definitely take on board some of the comments

loveka

I have been through the process of extinguishing an easement. I have also been in the very unfortunate position of being given some appalling advice by the CAB which, had I followed it, would have ruined me.

CAB people are volunteers in the main.

An easement means you are servient to your neighbour, who is dominant. That means anyone they like can use the path. It's ridiculous of course, but it's the law. Most people wouldn't use it as much as your neighbour does, most people would only use it when they had to.

You have the right to ask the neighbour to pay half to maintain the path they use though.

All you can do is build a fence, thus providing them with a walkway.

bozzy18

my sister in law have similar issues til she got a dog. She encourages (trained) her dog to use the side passage way (ROW route) as dog toilet area! Soon the right of way becomes 'no way' for anyone who wants to avoid dog poo on their shoes! You're planning on getting a dog?!

Mickey_Nine

What a !!!!!! thing to do.

If you don't want people walking past your house via a ROW, don't live in a property that has one. It's not rocket science.

phoebe1989seb

Davesnave wrote: »

I'd not recommend a Spanish Water Dog either, unless the access to the canal is first sealed-off.

I think we must have the only Spanish Water Dog with an aversion to water, lol :rotfl:

OP, if it were me, I'd be seeing if I could get permission to move the right of access as exiled_red suggested. Getting a dog in your current circumstances would be a no no for me. Otherwise I would be looking to sell up......