Right Of Way Obstruction

[Bbopoo]

I have recently moved into a new home rented from a housing association,my back door/garden is accessed using a right of way path passing through the neighbors garden,they have now put up a 6ft fence and gate and chained the gate shut! Giving me no acsess what so ever you have only been able to take my wheelie bins out once since moving in 4 months ago (before the fence was put up) I've contacted my housing association who have provided my deeds and I clearly have right of way through the path freely...they have contacted my neighbors and informed them of this although the neighbors won't respond to the housing association as they have in there words "mortgaged there house we are not scum who rent" they seem to think this gives them some kind of authority over the law.... where should I go from here to gain acsess?

[woofgang]

solicitor

[bednobs]

Go back to the ha

[hc4361]

Yes, the housing association must sort this out.

[Old_Geezer]

What would it make a difference whether they were scum who rent or scum who mortgaged there house ?

[Bbopoo]

I've asked the the same question...irrelevant whether people own or rent this is just some of the abuse I take regularly from these people...

[hc4361]

I hate to say it but the best thing you can do for own peace of mind is move. Bad neighbours can make your life hell.

[EDDIE51]

The right of way will have been specified in the conditions of sale of the house.
They can't refuse you access. But sorting it out is not going to be easy neighbour disputes never are and this lot sound like a real nightmare.
You may have to go to the civil court to force them to allow access.

[ladybirder]

The Housing Association must sort this outdoor you. Insist they do so. What a shame that you have such awful neighbours. They won't be happy if they are forced to allow you access. Looks like a no win situation for you I'm afraid.

[EDDIE51]

A friend was in this exact situation but the neighbours agreed to let him have a key to the gate so that he could take his bin out etc, as long as he locked the gate again afterwards. Have you spoken to your neighbors about the problem? There is at least a chance they would agree to a similar situation.

[Flonska]

I thought I read that Bbopoo was the tenant - not the owner of the property/land. It would appear that this matter is the Housing Association's responsibility to resolve..

[EDDIE51]

My friend was also the tenant and next door had bought their house.

[Bbopoo]

I had originally offered the same compromise with these people I said I would happily lock the gate,that was not a good enough compromise for them and they then came back with they would control my acsess to where I would have to ask there permission to use the path and if it was suited to them I could or not,I've now spoken back with HA they have there solicitors on to it looks like it will be a lengthy process :(

[sunny-dave]

I'd put a second padlock on the gate ... and offer them a key if they gave me one to their lock ...

[Flonska]

Irrespective of the outcome, you might wish to talk to the Housing Association about being offered the opportunity to move to another property?

[tamborine]

Call police as your neighbors are breaching the peace

[EDDIE51]

Legally they DO NOT own the path , it is jointly owned no matter that they have bought the house.
Unless they are willing to listen to reason I can't see a why out of this, lawyers can do as much as they can but it will be impossible to force a solution.

[Flonska]

If, as appears to have been suggested, the neighbours hold a mortgage on their property and the right of way was evident at the time, the mortgagee may have included something in the terms and conditions of that loan. The mortgagee might wish to become involved if this situation has the potential to adversely affect their security for the loan.

[EDDIE51]

^ The right of way MUST have been included in the conditions of sale and therefore be a condition of the mortgage.

[237SJ]

"Legally they do not own the path" Well they probably do but the OP has a right of way across it. As far as the mortage company is concerned, I doubt they would have an interest.