rights of way

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rights of way

Post by jacqu.underwood » Mon Apr 30, 2012 4:09 pm


We purchased our home over four years ago and let it out until January of this year when we moved in. Our property is a end of 6 terrace houses and a right of way runs either way to the end properties. The path runs directly close to the houses and not at the end. On the deeds it mentions a covenant of access to a now disused and blocked Well within our garden. Our neighbours directly beside us and the 2nd house in use the right of way as their only access. They have blocked off their front door with a sofa at their own choice. They have three dogs two of which are aggressive and this has been admitted. We have a quiet 7 year old Labrador who rarely barks and is in no way aggressive. Our neighbours use the access in excess of 15 times a day as they walk their dogs separately due to the behaviour problems and they are also at home alot of the time.

We have recently erected a boundary fence the entire length of the garden at 21m at full cost to us. We entered into discussion with the neighbours landlord and it was confirmed by the landlord that we could liaise with their tenants directly although we still stood in the garden and agreed the details, height etc. Our neighbours landlord is an aunty to the female living there. We feel we have been over considerate to them as they first of all agreed 6ft fencing. We then suggested a 5 half ft instead as we felt it would block out too much sunlight to them and they appreciated this. Also we entered discussion about which way the gate opened into their garden which we again feel was appreciated. We also plan to add a new side gate to the alleyway from the street. This will be lockable and they will have a key which has also been agreed.

In a friendly manner we discussed them using their front door and only using the rear access for bringing their wheelie bins and the dogs when dirty through. This appeared to be ok but does not appeared to have happened as yet. Today they invited two visitors through our garden and stood talking with the gate open for up to 20 minutes. The dogs barked constantly as they do when visitors are there. As my husband was studying so I eventually went out to ask that the dogs are quietened down. My neighbour is generally nice enough and she explained that her visitors were just leaving and the dogs were barking as they were there. I also heard someone shout from another garden to "shut those dogs up"

Although there is not a reason to allow your dogs to bark so much for so long I accepted this and returned into my home. My dog was not in the garden. Her visitors then left via our garden as usual. This is just an example of the dogs but it is the level of aggression which is more of concern.

Sorry for the long history but all I am asking is what can we do to see them see reason or legally?

I would like to approach them again and explain why we feel such an intrusion with them, their dogs and their visitors walking through our garden.
If they are not responsive in the next few weeks, I plan to speak to their landlord (aunty) in person.

What could my next step be? the deeds state access to the well only from what I can see. And it appears this is the access is from the road along the side of our house and not the rear path. The wording is so complicated I may have got this wrong.

Any assistance would be appreciated.

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