Help! Neigbour has built decking over ROW

whist

HELP.

I live in a maisonette and have right of way through my neighbours garden to my garden. The ROW is paved and clearly defined.
My neighbour has now decked part of her garden covering part of the ROW. The decking is 2 steps high and I have to go up one side of the decking and down the other to get to my garden. Also my lease states that I have "right of way at all times and for all purposes" which has now been compromised by the decking because my ROW is now limited to being able to go up and down the deck to access my garden. I cant get a wheelbarrow up the deck easily which makes doing work in my garden quite difficult.

I had "civilised " discussion with her about it twice . My key complaint is that I can't now wheel a wheel barrow, pushchair , wheelchair into my garden. This means I cant do work in my garden or friends and family that have push chairs or wheelchairs are not able to access my garden . The end result of the discussion was that she would contact her solicitors , and provide me with the findings and if it is illegal she will remove it.

That was over 6 months ago. I can only assume her solicitors told her that it was a breach of her lease or something

After about 4 months of nothing from her despite writing to her , I contacted the local council and they confirmed that it is an illegal development which requires planning permission ; although my neigbour could submit a retrospective one ;which I would object to and I'm fairly confident win because of the lack of disabled access.

I have chased this up with the council and I understand a planning permission has not requested despite council sending letters to neigbour. I have asked the council what measure they can take and they have said they could eventually take out an injunction but this would depend whether they felt it was the cost could be justified from tax payers money. In other words it is unlikely they may chase it up.

To add insult to injury, my neigbour has now moved out and is in the process of renting out the property leaving me to deal with the decking.

I'm thinking of cutting out part of the decking because it is an obstruction to my ROW.

Can anyone advice whether this can be covered under " right of self help". I dont want to be arrested for damage to property, in particular I dont want to end up with a criminal record but I dont seem to have any other choice other than expensive litigation which I cant afford.

Also any advice on what else I can do?

PasturesNew

Cheeky sods ... and cowardly to rent it out without resolution.

Hope you get some clear advice here. I am sure you wil.

dogcat_2

:rotfl: Yeah I too thought this, thought it a bit too juicy!

asea

Does your house insurance have legal cover in it?

Try the CAB, they might also be able to help!

Good luck, your neighbour sounds like a pain!

tomstickland

my neigbour has now moved out and is in the process of renting out the property leaving me to deal with the decking.

I'm thinking of cutting out part of the decking because it is an obstruction to my ROW.

I'd be inclinded to just go out there and cut off the offending part. They've had months to sort it and obviously hope it will just go away...you're not important etc. Direct action, then they can try to waste council money proving that you're wrong.

blue_monkey_2

Me too, LOL, I guess we are all thinking along the same lines!!

blue_monkey_2

Just a thought though, is it like overhanging trees. you can cut them down if they encroach your property as long as you give them back? how about cutting the decking along your right of way (as it is on your property) and giving it back to them in pieces, LOL!! Give it some thought.

WestonDave

Just musing on how much the rent is going to be worth with you exercising your rights over the ROW in shall we say full enjoyment of the rights within your lease.

I'm sure given a few hours the good folks on this site can come up with all manner of interesting and unpleasant ways to make use of the right of way - instantly I wonder if your garden might benefit from a few barrowfuls of ripe manure, which of course will have to be unloaded at the foot of the steps, carried over the decking by the shovelful and reloaded at the other side - a few friends might help with this process.

OK so its stooping to her level but if she can't profitably rent it out, and can't sell it due to the dispute then maybe she'll be backed into a corner where she has to sort it out!

tomstickland

Not necessarry though; remove the problem decking and/or write to neighbour before doing so.

Poppycat

I get some advice before acting in case you get into trouble for criminal damage

My 1st thoughts are write them a letter giving them a couple of weeks to act or face teh consequences

whist

WestonDave wrote: »

Just musing on how much the rent is going to be worth with you exercising your rights over the ROW in shall we say full enjoyment of the rights within your lease.

I wonder if your garden might benefit from a few barrowfuls of ripe manure, which of course will have to be unloaded at the foot of the steps, carried over the decking by the shovelful and reloaded at the other side - a few friends might help with this process.

Thanks WD, I have been "concerned" about the potential accidents that could happen as a result of the obstruction. In addition to accidentally spilling manure, I may decide to paint my garden fence deep purple and bright orange. Of course I may accidentaly spill the very large tins of paint while crossing over the deck who knows what can happen.

I would prefer the decking over the ROW removed before I start any work which may result in the afore mentioned accidents and or me having to remove the offending part.