Shared path

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1964apf
Posts: 2
Joined: Tue Nov 01, 2011 1:17 pm

Shared path

Post by 1964apf » Fri May 17, 2013 8:35 pm

Hi,
I have lived in a terrace of three houses for the last thirteen years, i am the last house on the terrace and there is shared access to the back of the property,
nobody has access over my property with it being the last house.
The problem i am having is that my immediate neighbour has five dogs and is using these dogs to block my access there are three average size dogs and two smaller terrier type dogs.
There is always a large amount of dog deposit at my gate and all along the path. I have approached my neighbour about this but they take no notice and things are not good between us.
They have lived in there property for about seven years and before they moved in we had no problem using the access/path.
On my deeds it states that the path should be a minimum of five feet wide and can be used by (my house number and address ) at any time night or day and kept clear.
My neighbours are not happy with this even though they use the access across the back of the house next to them.
What i want to know is how i go about sorting this out, i am thinking that the law is on my side because of what it says on my deeds , if anybody can point me in the right direction i would be very grateful, also where do i stand if i get bitten by one of there dogs while using the rear access / path and am i in my rights to clear the path of dog mess when i want to use the path.
Thank you Andy.

despair
Posts: 16413
Joined: Mon Mar 14, 2005 7:07 am

Re: Shared path

Post by despair » Fri May 17, 2013 9:59 pm

All rights are on your side
Your neighbour cannot cause any obstruction or interference with your ROW
Check all mortgages,insurances,credit cards,union memberships for legal expenses cover
Its up to your neighbour to contain their dogs and not allow them to foul the ROW or make your passage difficult
Quite why anyone would buy a house with a row and think its ok to have that many dogs is beyond me

1964apf
Posts: 2
Joined: Tue Nov 01, 2011 1:17 pm

Re: Shared path

Post by 1964apf » Fri May 17, 2013 10:34 pm

Hello despair,
Thank you for a quick reply , yes i do have legal expenses cover with my insurance , when they first moved in they had one dog and have just collected them since and to be honest i think they will have more.
I still use the right of way and told them today that i will be using it tomorrow (i know i don`t have to ask them) but the dog mess is still there and there is a lot of it , it really is disgusting but i will move it so my path is clear.
I don`t want any trouble really, but feel that if i don`t stand up to them that they will just carry on doing what they are doing .
Do i just contact a solicitor and get in touch with my insurance ?? i really am unsure of how to go about it , will the solicitor send a letter or will it have to go to court.
Regards Andy

despair
Posts: 16413
Joined: Mon Mar 14, 2005 7:07 am

Re: Shared path

Post by despair » Fri May 17, 2013 11:01 pm

You have to contact the helpline that's part of the legal expenses section and they will appoint a solicitor

I suggest firstly you write a polite but firm letter to the occupants reminding them that you have a legal ROW of 5ft wide for use at all times and all purposes ( or however its expressed in your deeds ) that the dog mess and their dogs substantially interferes with your ROW and they need to sort matters out and fence off their dogs and leave the ROW totally clear

Keep a copy and if that has no effect then contact your Legal Insurance

robj191269
Posts: 316
Joined: Sun May 08, 2005 6:12 pm
Location: Hampshire

Re: Shared path

Post by robj191269 » Sat May 18, 2013 8:32 am

I would say contact your legal expenses insurer now as you usually have a time limit when a "dispute" happens to inform them.

Usually they will help you write the first letter and if your policy is with More Than they have online legal letters you can use.

kipper
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Shared path

Post by kipper » Sat May 18, 2013 10:47 am

Have you contacted the Environmental Health dept at your local council regarding the dog mess? They might help.

ukmicky
Posts: 5007
Joined: Sat Sep 27, 2008 10:13 pm
Number of Posts per Page: 20
Number of topics per page: 20
Location: London

Re: Shared path

Post by ukmicky » Sat May 18, 2013 1:16 pm

Evidence, you need lots of it . So start taking photos with dates on.
Any information provided is not legal advice and you are advised to gain a professional opinion

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