Right of Way and Dogs

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lucas
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Joined: Sat Dec 02, 2017 3:54 pm

Right of Way and Dogs

Post by lucas » Sun Dec 03, 2017 1:24 pm

Hi , my neighbour has a foot right of way for him, any successors and people representatives to pass and repass on foot. we are not disputing this however, they pass 4 times a day whenever they want to walk their dog. they do not want to use their front door.the right of way is inches from our kitchen/diner floor to ceiling windows and doors onto the garden. we have tried to talk to them but they are not willing to change the way they exercise their right of way. As the wording says about people only can we stop the dog coming through?

span
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Re: Right of Way and Dogs

Post by span » Sun Dec 03, 2017 3:20 pm

no

stufe35
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Re: Right of Way and Dogs

Post by stufe35 » Sun Dec 03, 2017 4:27 pm

Agree with above answer is no. The right of way is for their convenience, it doesn't matter how many other ways they can get into their house, they have a right to use the one through your land, at their convenience , not to suit you. You accepted this when you bought a house with a right of way through it. Going past just 4 times a day is minimal to say the least. What change did you suggest to them ?

Collaborate
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Re: Right of Way and Dogs

Post by Collaborate » Sun Dec 03, 2017 6:31 pm

A dog is a chattel. So if they can't take a dog through then they can't take anything through. They would have to walk through naked. Think about what you're asking for.

raymilland
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Re: Right of Way and Dogs

Post by raymilland » Sun Dec 03, 2017 8:50 pm

Would you have an issue if they were using their right of way without the dog? If not what's your issue? Is the dog off the lead perhaps?

Scrambler
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Joined: Tue Dec 18, 2012 2:14 pm

Re: Right of Way and Dogs

Post by Scrambler » Mon Dec 04, 2017 10:43 am

Hi, I am a new member. our neighbours have foot right of way for them and all persons representatives to pass and repass through our garden. unfortunately it passes our kitchen/diner by inches and they insist on doing so to walk their dog twice a day. totalling 4 passes a day, whenever they want. this is completely within the law and we are not disputing this. we tried at the beginning for it not to effect our enjoyment of the house and garden but it does. however as it says people and does not mention animals can we stop their dog coming through. it upsets our dog. we have tried to talk to them but they are not willing to make any concessions or compromises. we don't want to go to war with them but hoped for some sensitivity.
lucas Posts: 2Joined: Sat Dec 02, 2017 3:54 pm
it upsets our dog. we have tried to talk to them but they are not willing to make any concessions or compromises. we don't want to go to war with them but hoped for some sensitivity.
You need to understand that their right to use the right of way as often as they need at any time of day 7 days a week 24hrs a day 365 days a year takes precedence over your dog. If your dog is upset by the right of way you need to keep your dog further away from the right of way such that it does not become upset. Or train it to get used the right of way being used. Your expectations that they have to alter to suit your needs are misplaced, you need to alter your thinking and read about rights of way so that you understand your position. You are the servient owner, they are the dominant owner. Your land is burdened with a right of way. You can not impose limitations on its use, and are likely to cause a war by even suggesting it.

They should have their dog under their control at all times, as should you yours.

Hope this helps you understand your position.

lucas
Posts: 2
Joined: Sat Dec 02, 2017 3:54 pm

Re: Right of Way and Dogs

Post by lucas » Tue Dec 05, 2017 9:22 pm

thanks

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