Right of way

rsdoddsworth

Hi looking for advice,we’ve complained about our neighbours noise to the council, but now their being funny about the access to put bins out, we had a agreement they wouldn’t,we have a 41 year old son with a TBI and he wonders and has short term memory loss and is registered have blind, we’re worried they will leave the gate open and he walks off which would be a total nightmare, is there anything I can do to stop this access,Thank you 

FlorayG

You need to explain more please, this doesn't make sense. Whose access? legal access or agreed? Access from where to where?

Section62

rsdoddsworth said:

Hi looking for advice,we’ve complained about our neighbours noise to the council, but now their being funny about the access to put bins out, we had a agreement they wouldn’t,we have a 41 year old son with a TBI and he wonders and has short term memory loss and is registered have blind, we’re worried they will leave the gate open and he walks off which would be a total nightmare, is there anything I can do to stop this access,Thank you 

Do the neighbours have a legal right to use this access (e.g. to put bins out) which comes with the property?

If so, it is likely any informal agreement to refrain from using it can be unilaterally revoked.  If you had a legal agreement then you'd need to read the agreement to find out what conditions (if any) allow the neighbour to stop complying with it.

If it has got to the point you are complaining to the council about the noise they are making it seems doubtful the neighbours would now voluntarily agree to not using the access, unless there was something in it for them.

rsdoddsworth

The neighbours have access to our garden to put their rubbish bins out on the path at the front of the house

Section62

rsdoddsworth said:

The neighbours have access to our garden to put their rubbish bins out on the path at the front of the house

A legal right - as in your deeds say they are allowed to do this?

TELLIT01

If they have legal right of way across your property for access you can't stop them.  Could you put up gates with spring closers on them to ensure the garden is always reasonably secure.  Does the neighbour have any other way of putting bins out, short of dragging them through their house?

FlorayG

If they have legal right of way then the only thing you can do is put a fence on the inside of that path, making your garden effectively smaller but more secure. My mom had to do this with hers. You still will own the part outside the new fence

Section62

FlorayG said:

If they have legal right of way then the only thing you can do is put a fence on the inside of that path, making your garden effectively smaller but more secure. My mom had to do this with hers. You still will own the part outside the new fence

The danger with that is the RoW might be wider than the path, so it is important to check the definition of the RoW to make sure the fence gives at least that width.  If the width of the RoW isn't defined then to be safe the fenced area needs to be wide enough not to restrict the beneficiary from carrying or pushing anything they might reasonably want to carry or push along the RoW.

WalshSall

As mentioned previously garden gates with spring closers.  A garden gate with spring return and an automatic latch garden gate fitting.  This means that at least you have a secure fence with a gate that in theory will close automatically.