My neighbour is blocking my right of way

sallydarin

hi there
Looking for some advice.
We have lived here for 4.5yrs. 

We have a fire path around the back of neighbours garden leading onto the street. We have this because of being in a terrace & no other means to leave property if there is a fire at the front.
Now every year ,all year long, I have to keep cutting back all his foliage as it grows right over our path to the garden on the other side. Surely this is his responsibility to do? But recently his tree fell down in his front garden, he cut it all up & has blocked my whole path. 

I asked as I do most times, can you please move the stuff as its our fire path & my mum couldn't access our garden on Saturday night  to get yo the key box in the back of our house. She is 68yrs old. Had to climb over the trees to get in!!.  I have asked this be moved sooner rather than later but, all I get is we will get round to it. Its been there 2 weeks now!! I think that's more than enough time to move it. 

Any advice? 

sallydarin

I erty by front of house but, im concerned, should fire break out at the front of our house, how do we safely escape? 

sallydarin

Should say, i can access my house at the front. 

shaun_from_Africa

A call to the fire safety officer at your local fire station may help as they might be able to advise on the legal aspect of the situation.

Aylesbury_Duck

Normally, you are entitled to cut back neighbours' trees, shrubs, etc to the boundary, where they overhang your land.  This sounds a little trickier because it sounds like you don't own the land but do have right of way over it.  If you have a copy of your deeds and entitlement to a clear right of way, the best way to deal with this is amicably.  Ask if you can pop round and bring a cake.  Then show him the deeds and the appropriate section.

It's in neither party's interests for this to "go legal" because if it does, you'd both have to declare the dispute should you ever wish to sell either property, but that remains your back-stop option.  In that case, you'd speak to a solicitor and get them to send a letter insisting they adhere to the terms of their deeds, which should match yours and include something obliging them to keep your access clear.

jon81uk

sallydarin said:

I erty by front of house but, im concerned, should fire break out at the front of our house, how do we safely escape? 

Many houses don't have gates in the back gardens or alleyways at all, I don't think there is any legal need to have a fire escape route once you are outdoors?

But if your deeds state you should have access then they need to allow access via the alleyway. You will get better advice asking about this on the housing board on the forum, after you have requested and checked your title deeds.

sallydarin

Thank you for your replies.

Yes it is in my house deed that the path from my back garden round his back garden is mine. The path that goes round the side of his garden is shared between me & a different neighbour. But, they have since blocked off there garden & do not use this path. But, just for clarification. This does come in with my title deeds. 
Does that make a difference? 

I have tried on numerous occasions to get him to tidy his garden and manage his foliage. We are on speaking terms but, im having to contact his sister as its not his property. He lives there in his Mums house but, does not maintain the property. He rather goes to Social Club than keep his foliage under control. 

For the person that says there is no bavk garden path. It is in my title deeds that I have sent yo him as he thinks its his land. 

davidmcn

This isn't a consumer rights issue - would be better on the House Buying/Selling forum, if somebody can move it for you?

As above though, it's pretty commonplace for back gardens to be only accessible via the house (I can see an example of that out of my window!). If accessing the key box is an issue, move it to somewhere round the front? 

DoaM

I suspect that this path is not yours, rather that you have the right to pass and re-pass using that path. As per above, the Housing board is the best place for questions like this.

Aylesbury_Duck

sallydarin said:

Thank you for your replies.

Yes it is in my house deed that the path from my back garden round his back garden is mine. The path that goes round the side of his garden is shared between me & a different neighbour. But, they have since blocked off there garden & do not use this path. But, just for clarification. This does come in with my title deeds. 
Does that make a difference? 

I have tried on numerous occasions to get him to tidy his garden and manage his foliage. We are on speaking terms but, im having to contact his sister as its not his property. He lives there in his Mums house but, does not maintain the property. He rather goes to Social Club than keep his foliage under control. 

For the person that says there is no bavk garden path. It is in my title deeds that I have sent yo him as he thinks its his land. 

If you own the path, then you are entitled to cut back overgrown foliage to the boundary.  You should offer the cuttings to the owner, although he's likely to not want them so you'll have to dispose of them.  Don't wait for him to trim it, just do it yourself.

As for the more permanent blockage (the cut up tree), if you're sure it's sat on land you own, let him know that unless he moves it within say, a week, you will move it back onto his land yourself.

sallydarin

Hi there

There is no way I can move it. Its tree trunks he has put there. 

It is in my title deeds, I have proof from my Solictor, from when we brought the house. 

How can I move this chat to housing?

Cheers