Neighbors access rights

Mossfarr

PasturesNew

The OP has not said that their neighbour has asked for permission to use the gate - politely or otherwise!

The OP simply says "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".

If they have not politely asked for permission to use the driveway I would block the gateway until they do!

PasturesNew

Mossfarr wrote: »

PasturesNew

The OP has not said that their neighbour has asked for permission to use the gate - politely or otherwise!

The OP simply says "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".

If they have not politely asked for permission to use the driveway I would block the gateway until they do!

I had assumed one of two scenarios. In order to know that they wished to use the lane to dismantle a shed the OP will have had to have:
- bugged the neighbour's house and listened in to all their conversations.
- been asked.

moneyistooshorttomention

I've noticed that the permission given to previous owner was 18 years ago.

Now that's not far short of 20 years. From memory, I have an idea that if a neighbouring house has been using access for 20 or more years they may be able to claim a legal right to keep using that access - even if the owner of original house has decided they aren't going to be able to cross their land any more.

So, I'm wondering:
a. Was permission given - in writing - to original neighbour and a copy kept of that (so that there was no grounds for a "he said/she said" situation arising).
b. If OP decides to give permission (which I wouldnt personally after the way they've been - but that's up to OP) then they do need to be sure and certain it's down in writing/copy kept and the language used makes it very plain indeed that the neighbouring house has no legal rights/will never acquire any. The law doesnt allow neighbours to get new "rights" if permission has been given - but it might if the question of permission hadnt arisen and the neighbours had just helped themselves to what access they wanted for that 20 years or more.

G_M

moneyistooshorttomention wrote: »

I've noticed that the permission given to previous owner was 18 years ago.

Now that's not far short of 20 years. From memory, I have an idea that if a neighbouring house has been using access for 20 or more years they may be able to claim a legal right to keep using that access -

Yes, but although the gate has been there that long, the current neighbours have not been using it. Indeed:

it was in fact screwed shut ( by the new neighbors) until a few days ago,

Cakeguts

If anyone has ever had a neighbour with narcissistic personality disorder they will know that you cannot reason with them about anything. They believe that they are cleverer and totally entitled to do whatever they want. It may not make any difference in this case if the neighbours are refused access they could quite easily use it anyway. It depends on why they are so objectionable.

ACG

It could be that they are being polite and asking, because they want something - not because they are trying to restore any relationship.

Sorry, but I am all for being a difficult PITA and saying no. If they hurt themselves on your land that could be a legal claim possibly. Not worth the aggro from neighbours who have made claims in the past about what you have done.

If they had just not spoken with you then I would maybe have a different outlook. But there is a difference between saying nothing and saying you have done something you have not.

Aylesbury_Duck

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.

That sounds an incredibly trivial reason to start a long-term argument and using your own words "argument" and "we have hardly exchanged(?) words" suggests you are as much to blame as they are for the deterioration in neighbourly relations.

Take the opportunity of their request to try and sort out the dispute. Living with problem neighbours can't be a fun experience for them, or you for that matter. This is an opportunity to improve things.

Rdt

Update:

Thank you for your comments everyone

So, this afternoon after posting on here I decided to contact a solicitor. Essentially I gave the original occupant access 18 years ago, when the new owners purchased the house it was made clear that it was access only with prior permission. Since the it!!!8217;s essentially remained closed ( possibly used a couple of times).

According to the solicitor I can request that they no longer use the gate and say thay they can no longer use my drive way for access. I would have to write the first letter to them stating this. If they continue to use the gate then the solicitor will write to them restating this.

Rdt

Just to clarify, they have not contacted us in anyway. In fact the neighbor in question ignores us and even walks back into their house if we walk into our garden.

They have tried to turn us against another neighbor and accused us of various things which are completely untrue.

They seem very bitter, and it all stems from our son playing with a couple of friends in the back garden on a lovely sunny day and apparently disturbing them having an afternoon drink in their back garden!

moneyistooshorttomention

Rdt wrote: »

According to the solicitor I can request that they no longer use the gate and say thay they can no longer use my drive way for access. I would have to write the first letter to them stating this. If they continue to use the gate then the solicitor will write to them restating this.

For the sake of £100-£200 then it would be well worth it imo to get your solicitor to write that letter if it comes to it. That way - you've safeguarded your property from having any "rights" on it acquired by strangers.