CONSERVATORY/BOUNDARY/RIGHT OF WAY

KEMYST

Our rear `garden` is a patio only 7ft wide. The next door neighbour has a ROW over the patio and down the side of our house. We have a gate that is currently on the boundary  of the two houses and we have proof that the gate has been there for about 30years. The neighbours have decided to tear down their conservatory and replace it with a new one constructed by Anglian. The ROW states on the deeds that they have the right to pass and repass with or without vehicles - but that is all. The ROW has not been a problem since I married my wife in 1996. New neighbours moved in 2019 and have since shaped the garden to their image of paradise - which is, of course, their right.

We do not dispute the ROW and we did not object to the proposed erection of the new conservatory. We reluctantly even agreed to Anglian pumping concrete over the patio - provided no damage was done.

However, a few weeks ago, the area manager for Anglian came around and nonchalantly told us that (a) The rear door of the conservatory, instead of opening inwards, as it is now, is to open outwards onto/over our property (b) the gate which is a boundary feature, is now (it is claimed) on the neighbours property and is to be removed - the facilitate the door moving outwards.

I wrote an email to the Anglian rep saying that we were objecting to the trespass by the door (This would render 15% of the patio unusable) He now wants us to have a `meeting` with him , the neighbour and ourselves. I can`t see what the purpose of this meeting is.....the door either swings outwards or it does not. We feel very strongly about this and are not going to budge. What I would like to know is:- If the neighbour keeps insisting on this course of action - presumably I will need to see a solicitor?

What is Anglian`s role in this? If the neighbour says to go ahead and remove the gate and fit the door as they want, does Anglian have a duty of care to either me or even next door if they know the door is trespassing? 

If, after the meeting I get no response from either Anglian or the NDN, do they have to inform me before work begins and in time to get an injunction or would I have to get the police involved regarding criminal damage when they start to remove the gate.

Thanks for any help

Norman_Castle

https://forums.moneysavingexpert.com/discussion/6275940/property-rights/p1

No need for a new thread. Anglians role is to follow your instruction when it involves your property. They have no authority to  dictate anything to you.

"I can`t see what the purpose of this meeting is.....the door either swings outwards or it does not. We feel very strongly about this and are not going to budge." There's your reply. A formal complaint to Anglian windows about the presumptuous behaviour of the manager and questioning what legal rights they believe they have over your property might get their lawyer to explain the situation to this manager. 

Don't waste your time with a meeting with the manager. Talk to the neighbour, not the interfering manager. Explain if the door opens inwards they will have access to the row, if it opens outwards you will prevent it opening.

Take numerous photographs of all current boundary features. 

jimbog

put a large container full of concrete on your patio where any outward opening door may overlap.Cover top with soil and some shrubs. Do it before work starts

KEMYST

Thanks for all the help given so far. The easement on our title deeds is made up just one sentence and states `there exists a right of way over the side and rear of No1, with or without vehicles in favour of No2.(address)............. Does the wording of this easement restrict the use of the ROW by the occupants of No2 or further, to anyone nominated by them?

Mojisola

KEMYST said:

The easement on our title deeds is made up just one sentence and states `there exists a right of way over the side and rear of No1, with or without vehicles in favour of No2.(address)............. Does the wording of this easement restrict the use of the ROW by the occupants of No2 or further, to anyone nominated by them?

No, no restrictions.  The occupants of No 2 and anyone else they want to use the ROW can do so.

That doesn't mean they can have their door opening onto your land.

It also doesn't give them (or anyone else) the right to damage your land.

As Norman said above - take lots of 'before' photos and make sure you deal immediately with any mess or damage to your land.

KEMYST

Thanks for that.

hazyjo

I wonder whether Anglian have ordered the wrong door and are now doing their best to talk you round...

As above, I would get that area blocked pronto.

Davesnave

Conservatory companies are notorious for not doing things correctly or according to regulations, probably because the majority of their work is outwith the regulations applying to 'proper' building.

An inward-opening door is perfectly possible, and while not quite a good as an outward opening one for various practical reasons, it should have been specified here. As others have said, don't make its installation possible and don't negotiate with a third party who has no contract with you and no concern for your interests.

KEMYST

Ahhh yes, I`m not an expert by any means but I think that having the door opening inwards may have many ramifications to the internal design of the conservatory. All this could have been avoided if they had not run roughshod and had some respect for us.

GDB2222

If they have a right of way, can you really block it with a concrete planter?

I would try to avoid a long dispute, which would be costly, whether you win or lose, and the best way to do that is to consult a solicitor now, rather than getting legal advice from a bunch of strangers on the internet. 

Norman_Castle

GDB2222 said:

If they have a right of way, can you really block it with a concrete planter?

The obstruction is to stop the door opening outwards. The row is still useable with an inward opening door, the neighbour will have blocked their own access.