Where do I stand regarding right of way

Catpuss66

Slinky said:

Where is the right of way? Immediately outside the house or bottom of the garden? If it's at the bottom of the garden you could fence off your garden and put a gate out into the ROW section

No it”s about 2 meters from the house. Think they tried to do this back in the 1950”s when they bought the land from “ the mystery of drapers’ think it was part of 11th century leper hospital, at the bottom of the garden. All the terraces bought a bit of land. Think my neighbour said in the deeds the ROW was owned by all of us no one has individual claim. Neighbour is going to look up the most up to date deeds. Thanks for the comment.seems like this is a common complaint. Never had a problem since 1995 until now, not even the tenants ( think they have been slightly duplicitous but they are in a difficult position) we will wait. & see. I have been trying to get the fence replaced for 10 months things are not going to happen quickly

Catpuss66

martindow said:

I'm sorry, but you seem to be demanding all sorts of things from your neighbours as you have decided to get a puppy.  Maybe it would be best to keep the dog in the house and take it out for walks on a lead. 

No not demanding anything, asking the home owner/ landlord make their fence safe as it has a hole in it. I don”t think that is unreasonable. The landlord was told an untruth by the tenants about access. I asked the tenants permission to put a lock on the gate before I got the dog. They were given the choice to choose the code which they did that code was then shared with all neighbours. So their access was never impeded. The landlord tuns up on my door wanting to go in my garden to see the fence now wants to put a large gate in between the gardens that will as the tenants said make them feel like they are in a prison.neither the tenants or myself want a large wooden gate when the fence is only 4ft. As a homeowner I should be allowed to have a secure garden to let my dog out. 

elsien

Catpuss66 said:

martindow said:

I'm sorry, but you seem to be demanding all sorts of things from your neighbours as you have decided to get a puppy.  Maybe it would be best to keep the dog in the house and take it out for walks on a lead. 

No not demanding anything, asking the home owner/ landlord make their fence safe as it has a hole in it. I don”t think that is unreasonable. The landlord was told an untruth by the tenants about access. I asked the tenants permission to put a lock on the gate before I got the dog. They were given the choice to choose the code which they did that code was then shared with all neighbours. So their access was never impeded. The landlord tuns up on my door wanting to go in my garden to see the fence now wants to put a large gate in between the gardens that will as the tenants said make them feel like they are in a prison.neither the tenants or myself want a large wooden gate when the fence is only 4ft. As a homeowner I should be allowed to have a secure garden to let my dog out. 

There is no obligation on anyone to put a fence in place. All they have to do is mark the boundary, which they could do with a bit of string if they were so inclined.
You have no right to insist they repair the fence to secure your dog in your garden. If you want a secure garden then as a last resort put something up up on your side of the boundary. But you are unlikely to be within your rights to try to make the landlord fix it. 

I’m a dog owner and I ended up fixing chicken wire to a decrepit fence owned by my neighbours. You 

Ath_Wat

Catpuss66 said:

martindow said:

I'm sorry, but you seem to be demanding all sorts of things from your neighbours as you have decided to get a puppy.  Maybe it would be best to keep the dog in the house and take it out for walks on a lead. 

No not demanding anything, asking the home owner/ landlord make their fence safe as it has a hole in it. I don”t think that is unreasonable. The landlord was told an untruth by the tenants about access. I asked the tenants permission to put a lock on the gate before I got the dog. They were given the choice to choose the code which they did that code was then shared with all neighbours. So their access was never impeded. The landlord tuns up on my door wanting to go in my garden to see the fence now wants to put a large gate in between the gardens that will as the tenants said make them feel like they are in a prison.neither the tenants or myself want a large wooden gate when the fence is only 4ft. As a homeowner I should be allowed to have a secure garden to let my dog out. 

I'm not getting this.  You seem to claim that the tenants are on your side, but also lying to the landlord about everything.

As a homeowner you are only entitled to a secure garden if you have bought a house with a secure garden.  Plenty of homeowners have no garden at all.

Norman_Castle

Catpuss66 said:

I am a homeowner live in a small row of Georgian terraces which have a right of way between each of the houses, the fence on the right hand side is got a massive hole in I have had to put chicken wire up when I got a rescue puppy that was last year. I have been trying to get in touch with the landlord via them to replace this fence not only is it unsightly it is unsafe, they would not give me contact details. Anyway I put a bike lock on the gate at the request of the rescue the tenants choose the code.

You are responsible for fencing your garden to keep your dog in it. Combination bike locks can be slow and fiddly to use. Annoying for them if they use the gate regularly.

The layout and row is unclear. Can't you secure part of your garden to secure your dog?

Woolsery

Norman_Castle said:

Catpuss66 said:

I am a homeowner live in a small row of Georgian terraces which have a right of way between each of the houses, the fence on the right hand side is got a massive hole in I have had to put chicken wire up when I got a rescue puppy that was last year. I have been trying to get in touch with the landlord via them to replace this fence not only is it unsightly it is unsafe, they would not give me contact details. Anyway I put a bike lock on the gate at the request of the rescue the tenants choose the code.

The layout and row is unclear. Can't you secure part of your garden to secure your dog?

As I interpret the descriptions, it seems the RoW is about 2m from the buildings, which may mean the bulk of the garden lies beyond. This is quite a common set-up in parts of a town near me, residents passing through each others gardens at will. Of course, if one of them wants to open their garden to the public, as sometimes happens on a Sunday for charity, then the general public also traipse through! It isn't a problem for those who understand the legal position, which is almost impossible to change.

The dog owner here wants the animal to have access to the house and garden, but if there's a RoW between one and the other then goodwill and diligence on the part of the immediate neighbours will be required. That could be a difficult ask, especially if new tenants move in next door who don't like dogs or who want their Amazon stuff delivered there for security reasons etc. In short, the OP can't rely on the cooperation of others to secure the part of the garden crossed by the RoW.

Tiglet2

You don’t have to have fencing – there’s no law that says you do.  In this instance, this means that the neighbour/neighbour's landlord does not have to repair or replace the fence.  You do have to keep your pet in your garden though, so the onus is actually on you to ensure that the dog does not trespass into the neighbour's garden.  So, if the landlord refuses to co-operate, you could put your own fence inside the neighbour's fence on your own land.

You’re only legally obliged to put up fencing under certain conditions. The most common are if you live next to a railway, if you need to prevent livestock from leaving their fields and if your deeds require you to.

However, there are a lot of good reasons to put fencing around your property – safety and security are the big ones. A well-installed, good-quality fence will help keep things in (children and pets) and other things out (burglars and other unwelcome guests). 

aliby21

It is beginning to sound like it is a shared bit of land rather than a right of way, in which case the legal situation is somewhat different.  but regardless, as others have said, you do not have a right to demand others fence their property to keep  your dog out, the onus is on you to secure your property to keep your dog in.

Catpuss66

Norman_Castle said:

Catpuss66 said:

I am a homeowner live in a small row of Georgian terraces which have a right of way between each of the houses, the fence on the right hand side is got a massive hole in I have had to put chicken wire up when I got a rescue puppy that was last year. I have been trying to get in touch with the landlord via them to replace this fence not only is it unsightly it is unsafe, they would not give me contact details. Anyway I put a bike lock on the gate at the request of the rescue the tenants choose the code.

You are responsible for fencing your garden to keep your dog in it. Combination bike locks can be slow and fiddly to use. Annoying for them if they use the gate regularly.

The layout and row is unclear. Can't you secure part of your garden to secure your dog?

I have asked only the neighbours on the right if they want me to change the bike locks to padlocks & give keys, husband & wife both disagree with each other, he says it doesn’t make any difference, she says it does but she never puts out the bins. The other neighbour has not a problem as their partner recently moved in they have 2 dogs themselves & quite happy with the lock as the dogs can open the gate & the dogs will go in each other’s houses. The problem is that both mine & the neighbour to left have relatively secure gardens, the other 2 are open at the end of their gardens to the churchyard so anyone can walk into there gardens or dogs can get out.

Catpuss66

This is what I have done to secure the fence, I cannot remove the fence as it is not my property. If I injure myself on her fence is that my fault or hers?