Arrogant Neighbour with double standards making our lives hell.

petecov4

So we have a side access which runs along our land and ends up going to our attached neighbours house. This access is only for them to run the bins down once a week according to the plans and it is part of our property. They have been here 13 years and it's never been a problem until it affects what they want to do, other way around they would have royally kicked off. 

About 3 weeks ago our neighbour decided she wanted to run her kids bikes down the path to the back gate without asking. This causes noise and also opens up the ginnel for her kids, their mates and anyone else who she feels can use it. Also it's unnerving to look up and see people literally stood next to your kitchen window. Our kids won't go out because they don't feel safe yet we are accused of caging them in. Police/Council are aware but I am not sure anything is being done about it despite me keep pressing the issue. 

The locks that were there I was told were going on - I had no choice but before we had a single lock on the back of the gate. 

We were sent a letter 2.5 weeks ago from her letting agent accusing me of blocking access by installing a gate and a padlock. The gate's been here since before we purchased it in 2016 - She has been here since 2010 for reference.

When I called and explained the locks are there because THEY wanted them there for security, AND that they have a set of keys the agent could not work it out and decided they didn't want to get involved. 

Well today they have removed the old gate at the back of the ginnel which was our boundary  and got a new gate installed which not only goes 6 inches into our land but also has Bolts and padlocks!. But they still will not allow us to secure the side gate leaving our garden a tad unsecure. Every time I have tried to put them padlocks back on she's had something to say about it. 2 weeks ago she physically removed the hinges and padlocks. She still maintains that her kids should be allowed to use the ginnel freely yet as I type this she has her back gate bolted shut! 

All I want is a padlock on the back of the gate which her kids (or us) can lock at night. But she's refused. Now having bolts and padlocks to her own garden I wonder how someone can still think an unsecured gate demand is sensible let alone reasonable!

They have told me that because they have been her longer they get priority and can do as they wish. They rent and we own. I am considering a Solicitor to tell them to remove the gate they have built and to re secure the "shared" access gate.

Just wanted to rant really. I am not going to be bullied 

Brie

Can't quite visualise the situation.  Can you provide a drawing or photos?

petecov4

We aren't allowed to lock our side gate as she keeps removing the locks claiming that we are blocking her access. But she has now put a new gate up and bolted her garden access. . The back gate is diagonal and in to our land by about 6 inches. i will be a photo later when I return home sorry 

ThisIsWeird

Also, Pete, could you post the exact wording in your deeds, and ideally the deeds map, which refers to this presumed 'right of way'.

These are tenants?! Have you been in touch with their LL? I understand that many (most? All?) AST agreements make references to the behaviour expected in regard to their neighbours.

Do you have Legal Protection included in your house insurance?

Before these kids biked up and down that path, how did they gain access to their house?

Ectophile

What actually does it say in your deeds about providing the neighbours access along your path?  I'd be surprised if it specifically says that the path is only for wheelie bins, but you never know without checking.

Doozergirl

Ectophile said:

What actually does it say in your deeds about providing the neighbours access along your path?  I'd be surprised if it specifically says that the path is only for wheelie bins, but you never know without checking.

This.  I'd also be surprised if it was just for bins. I've lived in two houses like this in the past and whilst they are most often used for bins, the deeds aren't explicit and bringing bikes round is also a common usage.  It's certainly better than bringing them through the house.  

If it is just for bins then a sensible conversation with evidence needs to take place and hope that she's understanding about it but in all honesty, you've bought a house with a right of way across it and it's better to live and let live.  

Has it kicked off because of this?  Is it easy for her to unlock your gate and lock it again?  Have you agreed on the easiest way to keep everyone happy?  

petecov4

ThisIsWeird said:

Also, Pete, could you post the exact wording in your deeds, and ideally the deeds map, which refers to this presumed 'right of way'.

These are tenants?! Have you been in touch with their LL? I understand that many (most? All?) AST agreements make references to the behaviour expected in regard to their neighbours.

Do you have Legal Protection included in your house insurance?

Before these kids biked up and down that path, how did they gain access to their house?

I will do this as soon as I can, Got a bit snowed under with work will be able to do this tomorrow. Yes spoke to the LA and they said they didn't want to know and it was taking up too much of their time replying. They are the ones who wrote the letter accusing me of blocking access. 

We have £250,000 legal cover yes and I am going to get a Solicitor to address it. I've also spoken to the LR rep through this excellent forum to get some points clarified. 

They went through the front door, I can only assume they didn't want to do that anymore. 

Will get back to you all when I can. thanks in advance for your help 

petecov4

Ectophile said:

What actually does it say in your deeds about providing the neighbours access along your path?  I'd be surprised if it specifically says that the path is only for wheelie bins, but you never know without checking.

Along the lines of "Foot usage only, no vehicular access. I remember looking as they wanted to bring a petrol kids quad up and down it but I said no and they didn't bother. 

I am putting hinges on the back of my gate because they have done the same to the new fence they erected by having my old fence removed (didn't give any permission for them to do this but they think they have the right to do anything) if their kids have to undo their gate to get out 9and lock it when they come back)  they can do mine up when they come back in. All we want is the alleyway secure at night. Seems that is a bone of contention and I can't understand why as her "you've blocked access to my garden" allegation was fruitless but would be laughable now as she's secured HER garden but I am not allowed to secure mine as she removes the hinges and locks everytime. Yes the Police are now involved. 

ThisIsWeird

Evidence evidence evidence. You want this nailed down comprehensively. If you don't have one, then a discrete 'pocket' video camera - they used to be less than £20 on ebay - is a good thing to have.

You DON'T want a "I said - they said" situation. You want "This is a transcript of what was actually said..."

Mistral001

I cannot see what the problem is here.  The neighbour seems to be not using the lane in a way that contravenes the deeds.  With regard to the gate that  seems to be on your property by six inches you can ask them to move it back six inches if you think it is a big issue, but ask them to do it because it is in your property and for that reason alone.  I do not think you can ask them to remove the gate altogether.

Marmaduke123

Can't you lock your gate at night and unlock it again in the morning if night time security is what really concerns you? It sounds as if you need to have a sensible discussion with the neighbour rather than going legal!

Don't forget you may have to declare a dispute if you ever want to sell.