communal area and access

worried123

Hi, not sure whether i am posting this in the right section. However...

There is a communal front gate between my property and my neighbours that leads to our back gardens. Long story.....had dog fouling in the area and all sorts of problems with new neighbour from hell. Recently she has completely blocked access to the gate by putting a massive smelly compost bin in front of this gate. I do not speak to this neighbour because of ongoing unacceptable issues with her but if i push the bin away from the gate over to her side she puts it back again....seems to have monopolised the side gate and walkway behind it....her dogs roam freely in a communal part with fouling....

do i have a right to move her bin over to her side so that i can access a communal entrance and area.

thank you.

Tom99

[FONT=Verdana, sans-serif]Your rights will depend on what your freehold/leasehold title says about this communal area.[/FONT]
[FONT=Verdana, sans-serif]Someone will own it, maybe you or your neighbour, maybe you each own to the mid point.[/FONT]
[FONT=Verdana, sans-serif]For the part you don't own you should have a right of access/way and probably your neighbour has the same.[/FONT]
[FONT=Verdana, sans-serif]Typically a right of way is a right to use that land as access but not to stop/park on or block the access.[/FONT]

PasturesNew

As said above, you need to know what rights you (and they) actually have. It might not be "communal", it might be "private" to either them or to you - with the other having a right to walk over the area.

You need to find out what's really what - and use the correct terms for it - then work out how to proceed.... but some people are just bullies and 4rses and will do what they like and steal your rights ... then make out you're the problem.

moneyistooshorttomention

Is the property rented? If so - could you go to the Council/Housing Association that own your properties and complain to them?

Davesnave

For £12 you can find out what the title documents of your property and theirs say about access rights.



Indeed, if you get yours first, you might not need theirs:


https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

worried123

Thank you. It is common knowledge the gate is communal and shared and she is fully aware of this. Who owns the area isnt the issue at the moment. (its a bit like having a front gate and path that leads to two terrace houses..they both have access to the gate and path and this is the same in this case but it leads to our back gardens).

I have had major issues with this person since she moved in with her dogs fouling and her crashing this gate shut continually....she has monopolised the area...been a complete nightmare.

My issue is that i dont want the sight of her massive compost bin in my side fo teh front garden when i come home.....its fully in view and blocking and obstructing a communal gate which i feel she has no right to do this. I did push it to one side a few days ago over to her side but she simply puts it back. I do not use that communal gate and behind there as her dogs roam and foul continually there. Her side is a terrible mess and looks like a gypsy site...inside the gate which is also a communal walkway is strewn with junk....old bird cage, upside down recycling bins.....dog fouling......she has mental health issues and is a complete utter nightmare....
i do not want a stinking ugly massive `biffa` compost bin right by my front door on my side......truly, truly neighbour from hell...

surely nobody has the right to `obstruct` a communal entrance and walkway. surely i have the right to push this monstrous, smelly eye sore over to her side.

she rents from the local authorities (or rather `we` rent the house for her as she does not work and pays no rent) and i own my little bungalow.

HampshireH

Approach the authority who own the house. Send photos of the obstruction and of the communal pathway.

Ask them to recreate a safe and clean access to the rear of your property as per your deeds

worried123

many thanks....i think that i shall have to contact them as you suggest. I have been in touch with them previously regarding continual dog barking outside intermitently throughout the night and although it took them absolutely months before they did anything, the situation has finally quietened although i shallnt hold my breath.

thanks again...i did push it over to her side as i went out to work this morning and its still on her side at the moment but maybe she just has not been outside to see this.....