Birds of Prey

[Tim39]

Hi
I live in a terrace house and my neighbour has a right of way across my property.

My neighbour keeps birds of prey (4 of); he walks up and down the right of way with these birds (As well as the noisy mostly around 6-6.30 everyday, smell, having to watching them eat dead animals and the bits of gutts left on there garden) they foul on the paths. He also bangs the side of our house with his bird boxes (almost every time) he walks down the paths.

Is there anything we can do? To stop this?

He is a nightmare to live next door and we don’t practically get on very well.

(He has a right of way on foot or barrow)

[kwhite]

Ever see the film 'Kes'?

No, i'm not condoning such things!!!

Birds of prey are beautiful animals, although I suppose your not disputing that, you've got a problem with the effects of them living next door to you.

Seems to me the neighbour is just inconsiderate. Relations are bad? Have you asked him to be more careful etc?

[Tim39]

Hi

We really do not get on! he is a nightmare to live next door too.

We have spoken to him the past and for a while things are a little better. But then he just does what he once, with no consideration for anyone else!

We are at the end of our tether with him!

Is there anything we can do?

[Tim39]

This isn't about us not liking the birds, we know it's not the birds fault.

It has more to do with the fact, we cannot enjoy our home.

[mr sheen]

The neighbour has a ROW and can use it to pass and repass at any time of day or night in the enjoyment of his own property. You cannot limit or control his use of the ROW on foot or with barrow whatever he carries with him, since it is part of the benefits that he purchased with his property.

[Tim39]

And I have no problem with my neighbour using the ROW, but we should also be able to enjoy our property and shouldn't have to move onto our garden when our neighbour is coming up the path with two dogs and a bird of prey!

These bird foul on the paths, the noise and the smell! and my personal favourite....when he feeds them! he stands outside cutting up rabbits, rats, game birds etc. to feed to them. He feeds them on the garden. Which is not very nice for us when walking up the pathway (Shared ROW).

And when we tried to speak to him about it, all we got was "you knew what you were moving next door too, when you bought the property"!

well actually no we didn't, as the birds were not there when we purchased the property.

[span]

I you don't like your neighbours the easiest solution is to move house rather than try to change their behaviour.

[mr sheen]

He has a right to us the ROW to pass and repass and you knew that when you bought the property, just as he bought the benefit when he bought his property, you accepted the burden when you bought yours.

Not only does he have the right but his family and all and sundry who might visit him can also use it to pass and repass to and from his property. As long as they are on foot or have a barrow there is nothing you can do about it other than try to reason with him about things that bother you.

He may not have had children when you moved in but that doesn't mean there will never be any. He could have 5 children who when teenagers invite their friends over and you could have a steady stream of teenagers back and fore across the ROW at all hours of the day or night. If this prospect or the prospect of the beneficiary getting pet animals is not acceptable to you do not purchase a property with a ROW running through the garden.

[kwhite]

I'm sure the OP realises that now, but apart from moving house, is there nothing else the OP can do to try and revieve the situation?

Could you fence this bit off?

[jonahinoz]

The neighbour has a ROW and can use it to pass and repass at any time of day or night in the enjoyment of his own property.

My neighbour keeps birds of prey (4 of); he walks up and down the right of way with these birds

When he walks up and down, does he exit the ROW at each end? A ROW is the right to pass and repass. I believe there was a famous court case which ruled that strolling back and fore in the middle of a ROW did not constitute passing and repassing. Does that ruling still stand? Of course, it might only mean that your neighbour has to walk a couple of yards further at each end of the ROW, to keep within the rules.

[Mattylad]

The bop should be in a carry case when being transported.

If it is on his arm then when it does its business then surely it covers his arm?

[Tim39]

No he has put a door to his garage from our right of way so he walks to that as well. I have attached a sketch to show you. The door opens into his garage; the yellow line is the right of way he uses to the end of our property.
Are you saying he cannot have an access onto our right of way? As this could be a bargaining chip (So to speak)
He walks down the path with the bird on his arm (gloved arm).

[Tim39]

Hi

Am I right in saying I can ask our neighbour to put the bird in a carrying box when walking on the pathways?

Not only does the bird foul the biggest poops you have ever seen, but it could also be a danger to ourselves, should we be on the path at the sametime and the bird starts flapping erratically.

[mr sheen]

You can ASK whatever you want of anyone...
If you are on good terms with people you will have more chance of them wishing to maintain good relations.
If you have an attitude or are in dispute with them, they will probably not take the slightest notice

[Tim39]

So I can only request he put the bird in a box, I cannot tell him? even though it could attack us and drops muck on the pathways? which can be walked into our home?