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right of way
25 Answers
My house is one hundred years old. The title deeds state that my neighbour has a right of way on foot only through my property. I do not have a problem with that, however as the deed of grant is one hundred years old and far from specific (right of way on foot only)i am led to believe that in the absence of specific rules generally the rules are:
A private right of way on foot permits
pass and repass on foot between the dominent tenement and the public highway
with or without a load that one person might be expected to be capable of CARRYING
pushing a SMALL barrow or trolley or perambulator, or wheeling a bycycle (not riding)
My neighbour wants to push a wheelie bin through my property, any answers would be appreciated
A private right of way on foot permits
pass and repass on foot between the dominent tenement and the public highway
with or without a load that one person might be expected to be capable of CARRYING
pushing a SMALL barrow or trolley or perambulator, or wheeling a bycycle (not riding)
My neighbour wants to push a wheelie bin through my property, any answers would be appreciated
Answers
Any action other than granted as Right of Way must be granted permission. Are you suggesting that you do not wish to allow your neighbour to push the wheelie bin through your property?
Perhaps they should avail themselves of this perambulator sized barrow...
Perhaps they should avail themselves of this perambulator sized barrow...
15:31 Sun 17th Oct 2010
Hello Driss
Interesting answer and a mirror image of our problem. You say your neighbour push their wheelie bin through. Presumably this is with your permission as it obviously was not on the original deeds. An earlier answer suggested that permission has to be granted and it is the wheelie bin situation that we are not happy with. Everybody (except us being end of terrace) in the street has to put their bins in the front garden but that's just life. Our problem realy is a vindictive landlord who must have a miserable existence
Interesting answer and a mirror image of our problem. You say your neighbour push their wheelie bin through. Presumably this is with your permission as it obviously was not on the original deeds. An earlier answer suggested that permission has to be granted and it is the wheelie bin situation that we are not happy with. Everybody (except us being end of terrace) in the street has to put their bins in the front garden but that's just life. Our problem realy is a vindictive landlord who must have a miserable existence
I don't understand why your solicitor said you had no options. Did you discuss the demand for a 4' wide gate & for it to open onto the neighbour's property? I certainly can't see any justification for a gate that wide for a ROW on foot only. I know a lot of people nowadays are a lot heavier than the average 100 years ago but I really can't see a need for that width unless something is to be pushed through beside the person.
I suppose ultimately you'll have to decide whether to go on fighting this unneighbourly person or give way in the interests of a (hopefully) more peaceful & less expensive time. Certainly, if he does issue a Court claim of some kind you could be involved in a lot of legal costs, whether you win or lose.
It's a great shame that some people can be so obstreperous about something which could be settled amicably & very easily by using a bit of commonsense & co-operation.
I suppose ultimately you'll have to decide whether to go on fighting this unneighbourly person or give way in the interests of a (hopefully) more peaceful & less expensive time. Certainly, if he does issue a Court claim of some kind you could be involved in a lot of legal costs, whether you win or lose.
It's a great shame that some people can be so obstreperous about something which could be settled amicably & very easily by using a bit of commonsense & co-operation.
-- answer removed --
Hello Themas
The demand of a 4ft wide gate came after my initial meeting with a solicitor and I am going to see him again shortly to clarify that position, also to ask him re my initial question as to whether they can push a wheelie bin through without permission given that it is a right of way on foot only (see my original question). Thanks for taking an interest anyway
The demand of a 4ft wide gate came after my initial meeting with a solicitor and I am going to see him again shortly to clarify that position, also to ask him re my initial question as to whether they can push a wheelie bin through without permission given that it is a right of way on foot only (see my original question). Thanks for taking an interest anyway
Hello Eddie
Thanks for taking an interest. The original garden gate was just your normal swinging gate about 2ft 3 to 2Ft 6, about 2ft 6 high and badly in need of repair. we have replaced the gate with a taller version but about the same width, unfortunateley we did not take any photos. However the landlord is claiming that it was four foot wide, total nonsense but which cannot be proven either by either party now.
Thanks for taking an interest. The original garden gate was just your normal swinging gate about 2ft 3 to 2Ft 6, about 2ft 6 high and badly in need of repair. we have replaced the gate with a taller version but about the same width, unfortunateley we did not take any photos. However the landlord is claiming that it was four foot wide, total nonsense but which cannot be proven either by either party now.
