RIGHT OF WAY

[Alchemist]

We have already done this. The deeds say they have the right `to pass and repass` nothing more but nothing less. Its just a single line on the deeds. So I think that means no restrictions - or does it

.

[Roundtuit]

'Pass and repass' doesn't automatically give them free reign. Have a look at Harrison v. Duke of Rutland for some of the original case law.  I'm sure there's been loads more since.  It's not going to solve your problem, but might form the basis of a polite solicitors letter.

[jack]

2 hours ago, Roundtuit said:

'Pass and repass' doesn't automatically give them free reign. Have a look at Harrison v. Duke of Rutland for some of the original case law.  I'm sure there's been loads more since.  It's not going to solve your problem, but might form the basis of a polite solicitors letter.

 

That looks like a very supportive case. Good spot!

[Kelvin]

6 hours ago, AliG said:

I really have to emphasise this.

 

It only costs a few pounds to get a copy of their deeds.

 

The right of way in their deeds may be more restrictive and help you out. For example it may say they have a right of way for maintenance or coal deliveries. Or it may not.

 

You NEED to do this. It might not help at all but it is by far the simplest solution if it does help and a lawyer is going to want to check this anyway.

 

 

Agreed. There was some confusion over access and a water course when we were buying our plot that the title for the land we were buying didn’t make clear. However the title for the neighbouring field was very clear about it. It didn’t necessarily help us directly but we ended up negotiating an extra bit of land which the farmer included for no extra cost which was a nice result but only as a consequence of looking at the title of the neighbouring field. 

[AliG]

10 hours ago, Roundtuit said:

'Pass and repass' doesn't automatically give them free reign. Have a look at Harrison v. Duke of Rutland for some of the original case law.  I'm sure there's been loads more since.  It's not going to solve your problem, but might form the basis of a polite solicitors letter.

This case sounds similar to things that I read. They have the right to pass over it not speak to you, linger, hassle

you and so on.

 

Hence why I wondered if they only use it when you are there? If they use it all the time then they are correctly using it

as a right of way. If they only use it when you are there then they are using it to hassle you.

The quoted case seems to have been a protest which is clearly not using the land as a right of way. The problem you would have is proving that they use it to harass you. That would require filming and noting every incident over a prolonged period of time.  Whenever we have had similar issues in the past (a few years ago someone was harassing my wife and daughter at school) we have noted every incident at the time and it has been a massive help when presenting a case to the police or in court. I would keep a diary of any incidents.

 

I would tread carefully before sending them a lawyer’s letter. Are they the kind of people who would be concerned by that or are they the kind of people who would escalate things?

 

My personal view is that you should stay off the patio through winter and try not to interact with them. Perhaps by the spring they will have forgotten that they like to hassle you. If they start up again then, you’ll need to resort to legal means. If they have continued to hassle you the you will have gathered some evidence.

 

If you actually have evidence of harassment I would go to the police not a lawyer, I suspect they’d take the police more seriously.

[ProDave]

20 hours ago, Alchemist said:

We have already done this. The deeds say they have the right `to pass and repass` nothing more but nothing less. Its just a single line on the deeds. So I think that means no restrictions - or does it

.

WHO has a right to pass and repass?  Probably the owners?  Does that right extend to anyone else they care to invite into their home?

 

I have read the whole thread and I noticed this at the start "The neighbours come out of the door you see and then take a right angle to go out onto the street."  

 

So the neighbour can get to the street without passing through your garden, so WHY would they choose to go through your garden?

[Carrerahill]

On 15/09/2022 at 20:13, Alchemist said:

This is a continuation of a neighbour dispute some people on here give me advice on. This is a new problem. The neighbours have a right of way through our property. We do not dispute that; nor have we in the past, sought to impede it. However, the ROW is extemely invasive. It is in the shape of a `7` and is 8ft at its widest and only 5ft wide at its narrowest. It passess within 2 ft of three windows and a door. When we bought the house 28 years ago, the solicitor who was living here had the easelemt removed from the title deeds. My wife would never have bought the house if she had known about the ROW because it is so invasive. However, when the issue came to light, the LR reinstated the ROW with the correct wording.

 

Since then the ROW has not been a nusiance, Last year the new neighbours wanted to construct a large conservatory and they wanted to bring the construction crew and materiel through the ROW meaning that we could not use our own patio for a period of 12 weeks. We objected to this (A week OK but 12!?) (The ROW is poorly worded it simply states to pass and repass...nothing else at all.)

 

They have already put two tradesmen we have had here to quote for work to flight and the other day they came through when we were having a drink on the patio and had a go at me and my wife. (we are both mid -70 and I am very ill) WE had to call the police. They are now using the patio to such an extent that it is impossible for us to enjoy our own home. Yesterday, one of them came through and insisted that I remove myself from the ROW so that she could come through with a relative small package. To be honest, we would sell up and move but there is no way anybody would by the house now - and I can`t blame them. Is there any avenue I can explore to relieve some of this pressure? Please don`t say `have a nice chat` they have already upset everone neraby and apparently have a reputation for this type of thing from previous locations. When does the legitimate use of a right of way morph into a nusiance?

 

I would really appreciate any help, please.   Thanks

I believe you can close or partially close a right of way to carry out repairs or works. Why don't you start a long term project with many environmental and ecological hurdles and dig bits up so that the ROW is at a point, near impassable? 

 

It is difficult to understand how the ROW works across your land and what other access they may or may not have is. If this ROW was closed would they still be able to enter their property, is the ROW only being exercised because of the necessity for them to bring contractors and equipment/materials to the rear of their property?

 

I am sure you could do something, just make sure you can back it all up and justify it all. I would put up 2 notices, 1 facing each way, very soon, stating the ROW will be closing on the 7th of October for critical safety and upgrade needs. I'd perhaps install an annoying fence across the ROW with a small opening in the middle, like they do at the end of footpaths onto main roads to stop kids running out onto roads etc. What about a stile? What about that much needed drainage project you had planned. You only need to do a bit of the trench...

 

In the first instance I would briskly investigate legalities and rights and seek some help from your solicitor simultaneously or shortly after I would then go for a project.