right of way

[tonymack2126]

My house is one hundred years old. The title deeds state that my neighbour has a right of way on foot only through my property. I do not have a problem with that, however as the deed of grant is one hundred years old and far from specific (right of way on foot only)i am led to believe that in the absence of specific rules generally the rules are:
A private right of way on foot permits
pass and repass on foot between the dominent tenement and the public highway
with or without a load that one person might be expected to be capable of CARRYING
pushing a SMALL barrow or trolley or perambulator, or wheeling a bycycle (not riding)

My neighbour wants to push a wheelie bin through my property, any answers would be appreciated

[joko]

i would imagine that would come under the small barrow or trolley header...the base of a wheelie bin is only and foot or so wide, with very small wheels...the height is about that of a bike or pram...and is irrelevant.

not really sure what the differnce is here...

[jaydah]

Since neighbor is sticking to 100y rights, he must abide by the title and use/carry said items. Wheelie bin is NOT mentioned so no entitled Right.

nb - updating: the bicycle could become a motorbike; the pram could become a quadbike etc.

[ABerrant]

Any action other than granted as Right of Way must be granted permission. Are you suggesting that you do not wish to allow your neighbour to push the wheelie bin through your property?

Perhaps they should avail themselves of this perambulator sized barrow...
http://www.wybone.co.uk/item.php?id=DC/1AE

[ABerrant]

Oops... my first sentence is missing a vital conclusion

"...must be granted permission for it to be allowed."

[tonymack2126]

Hello all thank you for your replys to date.
Aberrant thank you for your answer. The issue goes somewhat deeper and more involved. Our argument is with the landlord who does not even live in the country but being somewhay vindictive because he can. As stated we have no problem with the right of way and we have done our best to comply to his wishes (gates with keys and no obstructions) but yes we do not really want the pushing of wheelie bins being pushed through our garden as and when his tenants please. We have spoken to his tenants and they do not seem to have a problem with leaving the bins in their front garden in common with the rest of the street.

[bednobs]

it's hardly likely to be whenever they please - more likely to be on bin days i would presume! Anyway, if you absolutely insisted, they could just put it in a wheelbarrow i guess, or worse carry bags of rubbish accross your property

[tonymack2126]

Bedknobs
Clever answer and probably true unfortunateley. However as in my latest answer the wheelie bin is not the only issue, that was the content of the latest letter from the landlords solicitor, his previous prior letter to that stated that he was coming back from Sri lanka with his son to live and that his son would be taking his bike through the garden. Clearly this is all a smoke screen and we cannot understand what his motive is as this right of way has never been used before.

[dotty.]

what size is the entrance to the right of way? Is it a single gate entrance in a garden wall/hedge/fence? The issue may be that he intends to enlarge that access point.

[bednobs]

i am still failing to get it - according to you the occupant is going to want to push his bike across your property, and has a ROW to do so (which you must have known about when you bought the house?) so you have to let him

[tonymack2126]

Dotty
Good question. It was originally a small gate in the middle of a wall that was in serious decline and unsafe for my two small children. In the interests of safety and security at my own cost i replaced the wall with a fence and a single gate as i am entitled to do under the party wall act of 1996. What i failed to do was to ask if the landord objected. I think this is what is getting under his skin as he is now asking me to enlarge the gate to 4ft and insists it opens on to his ground. I really do not know how to respond to that. Again I repeat that we do not have a problem with the right of way.

[tonymack2126]

Bedknobs
To clarify the situation. It is not the occupant that is giving us the grief. It is the landlord who lives in Sri Lanka who is instructing his solictor. It is the landlord who claims he is coming back to England to live with his son, however since that letter from the solicitor we have received another from his solicitor claiming he has a new tenant who will be pushing the wheelie bin through. Clearly the boy and bike issue was b*******t.

[bednobs]

i don't understand still, sorry :)
i can't get why they would need the access to be widened. What does the title deeds say in respect to it openong onto his property or being a certain width? Plus if the neighbours dont want to put their bin through your land, you could just say yes and nothing will happen

[tonymack2126]

Hello bednkobs
We do not understand either why he wants the gate widened. We have spoke with the new tenants and they claimed there is not a problem, however his solicitor wrote to us acknowledging that we had spoken to the tennant and in no uncertain terms reminded us that they have no say in any decisions made. The title deeds have one line "right of way on foot only" and as the property is now 100 years old tells us very little about height width or anything else to do with the right of way. If we have to accept that a wheelie bin can be pushed through so be it, hopefully it will not happen but i my original question asks if a wheelie bin can be pushed through as they please (i am just trying to gather information before my latest reply) Thanks for your help.

[boxtops]

IMO you need to seek some legal advice (you will surely get some here but you need a letter to show the landlord). The bike could be the thin end of the wedge, next they'll want to bring a small car through.....

[tonymack2126]

Hello boxtops
We have seen a solicitor to clarify the situation. I had my own thoughts before the meeting and he confirmed our worst fears that we had no options although he did say as we are living in diffirent times for security reasons no judge in the country would object to us putting a gate at either end of the right of way with keys to satisfy the landlors. We wrote to the solicitor informing him of our intentions but Mr Henadeera Amarasekera the landlord is still not satisfied and as in my previous reply wants the gates widened to 4ft and opening in his direction. We will in due course do what he asks as he is threatning court proceedeings over such a minor affair and i repaet I would just like to know the legal position as to how far he can push us with his only card being "right of way on foot only" Sorry if i am being somewhat ambiguous but keep the answers coming as i am going to see the solictor agin this week to be crystal clear on where we stand.

[daffy654]

Is the landlord expecting you to pay for the widening of the gateway and a new gate to fit?
4ft wide seems excessive for the ROW on foot as you have described.

[Berkshirelad]

Although the grant of RoW is 100 years old, more recent case law has held that a RoW on foot only includes pushing a bicycle or motorcycle. it may not, however, be ridden.

Also, even if you supply keys to the tenants and/or landlord, they are under no obligation whatsoever to lock the gate - or even close it!

[tonymack2126]

hello daffy
We have already erected a new fence and gate at our cost to replace the wall that was in serious need of repair and dangerous (so old there were no footings) and small gate that he wants widened to four foot and opening in his direction. Yes we would be expected to pay.

[tonymack2126]

Hello Berkshire lad
The first part of your answer is encouraging. For the second part we can only hope that the landlords new tenants will have a bit more common sense for their own safety and security. If what you fear comes to fruition then perhaps some sort of Perko will have to be fitted to at least shut the gate. Thanks for your answer

[Dris]

I have almost same -house same age if not older -im end terraced.T long and short is that my 2 neighbours who have right of passage only use for wheelie bins (which I naturally wpouldnt expect them to wheel through their house) and his bike which he uses every day and puts in the shed.
Anything else -like her dad making a point of principle that he was simply entilted to walk through my garden -and scaring me sh!tless -was never repeated i made sure as did their landlord.Bang out of order especially as im on my own.its unreasonable -im reasonable when they are being reasonable.They prob wish they didnt have to do it as H and I just still do our own thing in our own home.;)