Neighbors access rights

Rdt

18 years ago I moved into my house which is an end terrace. My driveway is at the end of my garden and it extends past by neighbors garden. My neighbor at the time had no access to his back garden so I agreed with him that he could put a small gate in and we agreed that access across my drive would be by prior consent.

A few years after the gate was put in my neighbour emergated to America, when the house was sold the new neighbors were informed of the arrangement.

The new neighbors have proved to be quite difficult, and started an argument with us about 5 years ago because they shouted and told off our son and friends for making too much noise on a sunny afternoon. Since then We have hardly enhanced words.

The gate hasn’t been used in over 10 years and it was in fact screwed shut ( by the new neighbors) until a few days ago, they now want to use the gate to clear out a shed that they have dismantled.

They do not have access on their deeds as it was only a verbal agreement with the previous owner. The question I have is do I have a right to revoke access across my drive way and also request that they remove the gate that was put in place?

eddddy

You probably don't have to allow the neighbours to cross your land - but allowing them might be a good way of starting to restore good relations with them.

Assuming the gate is on their land (i.e. their side of the boundary), you have no right to make them remove it.


Edit to add..

But if you really want to, you could probably put a fence on your side of the boundary across their gate.

Tom99

[FONT=Verdana, sans-serif]Its seems previous access was with your permission and can therefore be withdrawn at any time so yes you can tell them they do not have a right of way over your drive.[/FONT]
[FONT=Verdana, sans-serif]I don't think you can't insist they remove the gate but you could I would think, in the extreme, put a fence on your land blocking the gate. But that might escalate your dispute with them a bit rather than calm things down as eddddy suggests!
[/FONT]

Rdt

Thanks for the response.

So far they have accused us of a number of things since the falling out including damaging their car (which is on their drive which is no where near out drive way), stealing parcels and posting hate mail through their letter box. all of that is utter nonsense as we would never stoop that that sort of behaviour.

We have tried to be reasonable with them but they just don't want to know so escalating the dispute doesn't bother me in the slightest anymore.

[Deleted User]

When you see these 'nasty neighbour' programmes, it always seems to be six of one and half a dozen of the other. One neighbour does something, the other neighbour does something back and it gradually increases until the situation becomes unliveable. On occasions it ends up in court, in rare occasions someone goes to prison or loses their house.., and both parties will say they did nothing, it was all 'the other guy'. And other people look on and wonder what the fuss is about. Things can be de-escalated or escalated. You don't have to get angry back. That will just guarantee more heated anger from them. I suspect some of this has been going on from both of you.

It will cost you absolutely nothing to allow this neighbour to remove a shed. Even though they complained about noise and didn't behave appropriately (although of course this is only one side of the story, their story will probably be different) from the looks of it, this could be an opportunity to re-establish a good relationship. They may even regret their actions, who knows. I love the sound of children playing but if I am trying to have a nap and there are a horde out the back (there's a playground) it can get on my nerves when I didn't sleep the night before.

I'd consider what benefit not allowing the neighbours to use your driveway will have against possible benefits of allowing useage. Particularly if you can stick a smile on your face when talking to them. It could change things. Sometimes someone has to forget about being right and be the hero. I can say this, not allowing use of your drive WILL make things worse. Have some sense here, don't retaliate. You don't need to play the same game, if they are playing games. Even if everything you say is true, they seem more worthy of pity than anything else. Surely you are bigger and better than them?

AnotherJoe

What deanna said.
Plus even if you hate them and don't wish to just get back on neutral relations, one way to aggravate someone who doesn't like you is do them a favour.

PasturesNew

You have all the rights and he has none.
The neighbour doesn't have the right to enter your lane and knows this and has "done the right thing" by requesting that you enable them access for the removal of their rubbish from their garden when dismantling an old shed.

I'd say let them, say yes.

They know they have no rights, you know they have no rights. Them asking is a good sign they don't wish to be a bad neighbour at all, on the contrary.

Just say yes as it is for a specific/good reason, they have politely asked, it's a valid reason, it doesn't get in your way or cause you nuisance.

Rdt

we have tried may times to talk to them but we just get a cold shoulder from them.

They seem to dislike a lot of people even tried to turn us against another neighbour but telling us lies about them. they constant tell off children who do nothing more than simply walk past their house. I get comments from them if i park my car near the front of their house (which i've probably done a couple of times in 10 years).

Tom99

[FONT=Verdana, sans-serif]As said above it may be best to try and rebuild bridges.[/FONT]
[FONT=Verdana, sans-serif]We fell out with a neighbour over driveway access and after we sold the house our purchasers ended up in Court with the neighbour, calling me as a witness as to what had been said or not said about the driveway.[/FONT]
[FONT=Verdana, sans-serif]If you do agree to allow access, make clear that it is being granted with your permission which can be withdraw at any time and that you are not offering them a permanent right of way.[/FONT]

Pricivius

It must be tough for them to be this angry, argumentative and crosspatch all the time.


I'm with the others who suggested agreeing. I'd probably offer to help as well (then I could keep an eye on them, just in case, as well as be helpful). Warm up the teapot and get some cake in for refreshments.


It can sometimes be difficult for people to dig themselves out of their angry hole once everyone thinks they're mean and nasty.


Worth a try.

Mojisola

Rdt wrote: »

The new neighbors have proved to be quite difficult, and started an argument with us about 5 years ago because they shouted and told off our son and friends for making too much noise on a sunny afternoon. Since then We have hardly enhanced words.

The gate hasn’t been used in over 10 years and it was in fact screwed shut ( by the new neighbors) until a few days ago, they now want to use the gate to clear out a shed that they have dismantled.

Like others, I would allow this but be on high alert that the neighbours may be hoping to start reusing the access gate more regularly.

You could put it in writing that they are allowed to use your driveway for this specific reason and within set dates - give them a copy and keep one yourself.