Advice needed

[suzie1]

We live in a mid terrace house and have right of way through the neighbours back garden. We do not use this often, only when we need to urgently i.e moving furniture gardening etc.

We had a gardener come in last week to do our garden and we mentioned he would have to use the back to removed rubbish etc, through the neighbours garden, the neighbour is made aware that we will be doing alot of work and passing through regulary, but he also was informed that we will not leave any mess to and fro. Neighbour was smiling, and didnt say much, as he cant, its legally our right to go through.

Well, the neighbour has only gone and built a high raised patio on the walkway leading to our back gate within a few days, and has a pile of rubble on the other side so we have great difficulty getting through our right of way. We think he has done this out of spite so we cant get through properly and the gardeners wont bother coming back.

Is there anything we can do or anyone we should contact to mention this to our neighbour i.e council etc.

[woofgang]

the first step to check what your right of way actually says then a friendly chat with the neighbour. Your local council might have a mediation service but failing that I am afraid that legal advice would be the next step.

[LoftyLottie]

Yes, a polite word with the neighbour first. He is blocking your right of way or at the very least making it unsafe to use for yourselves and your agents (gardener). Ask him to correct this and if he refuses just say you will be seeing a solicitor and taking legal advice. A solicitor's letter will probably cost in the region of £70.00.

[LoftyLottie]

This is of course, as Woofgang says, after you have carefully checked the wording on your right of way on your deeds/land registry.

[suzie1]

I spoke to my solicitor and my documents/deeds say that, that is my legal right of way. Im going to wait to see what he does in the next couple of days and then i will speak to him

[cassa333]

If you have a legal row for any purpose at any time then all the better.

Make sure you have checked your deeds for wording, location and width and make sure your neighbour knows that he will be liable for your solicitors fees should he not return the row. Scare the living daylights out of him with the costs.

You could inform the neighbour that you want your access restored to a usable state and if he doesn't any damage or injury to yourselves or legal users they would be liable to have to pay.

You could try posting on www.gardenlaw.co.uk they have a fantastic range of expertise and you can upload pictures as well.