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[Help] Annoying neighbour dispute
- Thread starter Harry Wilson's tackle
- Start date
He’s still MP isn’t he?
Justice
Dangerous Idiot
I live in the ground floor apartment, we have a fenced of garden our garden. Before we moved in the upstairs neighbour obviously used to stroll in the garden and use the outside tap (my outside tap and my water bill) to wash his car. Long story short he carried on walking into my garden like he owned the place let’s just say Mrs J went of like a volcano 
for the entertainment value alone your right to let Mrs HWT deal with it.
for the entertainment value alone your right to let Mrs HWT deal with it.Has this continued for 20 years or more and has it been "as of right"?. Nec vi, nec clam, nec precario, if you ask me. The 20 years is important.
You can read this and be even more confused. https://www.pla.org.uk/2017/08/prov...ive-easements-evidence-rebuttal-presumptions/
You can read this and be even more confused. https://www.pla.org.uk/2017/08/prov...ive-easements-evidence-rebuttal-presumptions/
marcos3263
Well-known member
Invite NSC round to sit in your garden. all of us then there will be someone sat near enough to the gate to unbolt it for her - problem solved.
Normal Rob
Well-known member
Bolt and lock everything. Then the burden of proof will fall to her, at her time and expense. Just say from the outset that once proven either way, you will be happy to comply.
If only UnResT was here, to post the 'counter thread' about visiting his sister in Faversham and the row he had with the bloke next door....
Tom Hark Preston Park
Will Post For Cash
- Jul 6, 2003
- 72,366
banjo
GOSBTS
Just tell her you know where she lives in a menacing way. That’ll sort it.
Agree with this, but would add
5. Get a massive ****-off padlock on the gate and tell her to do one
Monkey Man
Your support is not that great
We had almost exactly this situation in the 1990s in an end-of-terrace house. Neighbour had access across the back of our house and out through the side pathway. Our assumption was that this would be a very occasional thing but the old boy next door was using the access probably about six or eight times a day, wheeling his bike to and from shops or his allotment. He was quite an odd character who thought nothing of staring through the kitchen window, commenting on what we were doing with the garden, and leaving mud on newly painted walls as he squeezed by. His wife would use the access quite often too, to water plants in her front garden, when she could easily have opened her front door for the job. I think they felt they had to keep the access in absolutely constant use to prove it was a right of way.
We tolerated the situation as best we could, as we had been warned about the access by the previous owner. We just didn't anticipate quite how intrusive it would be.
The situation flared up into shouting matches and even a locked gate on occasion but to be honest this just made it all even more unpleasant.
We didn't get into the legalities but when the bloke died, the situation seemed less problematic. His widow still used the path but in a less aggressive and certainly far less frequent way.
None of which helps you very much, HWT, but I do empathise with your situation. I can't pretend it wasn't cathartic yelling at the old bugger to **** off on occasion, but for a happier life all round it's probably best to avoid that sort of confrontation!
We tolerated the situation as best we could, as we had been warned about the access by the previous owner. We just didn't anticipate quite how intrusive it would be.
The situation flared up into shouting matches and even a locked gate on occasion but to be honest this just made it all even more unpleasant.
We didn't get into the legalities but when the bloke died, the situation seemed less problematic. His widow still used the path but in a less aggressive and certainly far less frequent way.
None of which helps you very much, HWT, but I do empathise with your situation. I can't pretend it wasn't cathartic yelling at the old bugger to **** off on occasion, but for a happier life all round it's probably best to avoid that sort of confrontation!
Pavilionaire
Well-known member
- Jul 7, 2003
- 31,274
A new verse for the Aussie soap theme??
"Neighbours, everybody needs good neighbours
With a lack of understanding
Get a massive f***-off padlock on the gate"
Super Steve Earle
Well-known member
Have you asked your solicitor if this was covered during the purchase?
- Thread starter
- #35
Quite interesting from the deeds:
From an agreement made in 1955, around 60 years after the houses were built: "SUBJECT to a right of way for the owners and occupiers for the time being of (my neighbour) over the track way at the rear of the dwellinghouse ....and over the passageway between (my house and the other neighbour's) on payment of a
proportionate part of the cost of keeping such trackway and passageway in repair.""
That to me says that the public (my neighbour's friends) have no right of way, and that my neighbour owes me a considerable amout of back-dated upkeep costs.
I won't bring this up unless she gets excessively pissy.
I'm quite looking forward to this. Twenty Minutes till kick off...
From an agreement made in 1955, around 60 years after the houses were built: "SUBJECT to a right of way for the owners and occupiers for the time being of (my neighbour) over the track way at the rear of the dwellinghouse ....and over the passageway between (my house and the other neighbour's) on payment of a
proportionate part of the cost of keeping such trackway and passageway in repair.""
That to me says that the public (my neighbour's friends) have no right of way, and that my neighbour owes me a considerable amout of back-dated upkeep costs.
I won't bring this up unless she gets excessively pissy.
I'm quite looking forward to this. Twenty Minutes till kick off...
Garry Nelson's teacher
Well-known member
KZNSeagull
Well-known member
Only if your neighbour is Kylie, Natalie or Holly. Anyone else can do one.
A request for advice. I have done some research online and am pretty sure I am on the right path (ho ho) but would appreciate correction if I'm wrong.
I have an end terrace house in a small block of houses. My immediate neighbour has personal access round the back of my house for taking out the bins and letting her gardner in and out. We have put a gate up between the end of the terrace and the passage between my house and my other neighbour (whose house starts another block of terraced houses) to enclose our garden, give some privacy etc. We gave a key to our neighbour (although we don't normally lock the gate, merely bolt it....).
There have been grumbles (the neighbour claims that there should be wheelchair access, and that the gate would stop this - it doesn't). She also objected to the steepness of the incline from our new patio (built nearly 3 years ago along with the extension) to the side gate. This has passed but I did feel that it is my right to set up my house as I see fit - she can still get her bins out FFS. I bit my lip.
During Covid the neighbour has had visitors coming round the back of my house to sit in her garden. She asked about this and we said 'no problems'. She normally lets us know when visitors are due. On occasions she has not told us, and I have been greeted by some fool grinning through my patio door. I am happy to let it go during Covid.
Yesterday I was working in the garden for a bit. I saw the neighbour and said 'Hi'. She replied 'Oh there you are'....
To cut a long story short, the neighbour had txted Mrs T who was out shopping to ask Mrs T to unbolt the gate. She gave Mrs T 30 minutes notice to unbolt a gate she could have unbolted herself (the bolt's on the inside). Bottom line is the neighbour wants the gate unbolted at all times because it is 'a faff' for her to walk 15 yards to open it to let her friends in. I pointed out that it makes more sense to unbolt the gate herself and not expect us to do it for her. And then the row started...
I pointed out that after Covid is over her friends should go through her house (she has a front door) to get to her garden and that there is no 'public' access across the back of my house. It is for personal use for unavoidable need (taking out the bins). I mentioned strangers gawping into my house, arriving with no notice. I also pointed out that her gardener had covered my nice new gate with muddy hand marks and not cleaned up his mess.
I have looked up section 31 of he highway code, and looked at ordnance survey maps. There is no right of way here. There is also no grounds for 'access of easement'.
We have a meeting this afternoon to discuss the issue. My view is that she can open the gate herself if she has visitors, and that once covid is over she should not use the back of my house as a convenient way of letting friends into her garden. She has actually put a house number by the gate between my garden and hers!
Mrs T will do the 'negotiating' because my fuse is short, but once her blue touch paper is lit the explosion makes mine sound like a gerbil clearing its throat
Put her on your infamous ignore list, sorted