My neighbours have erected a shed on a pathway with right of access to my back door and won't remove it?

Question

Because I have another access route via a additional piece of land I purchased they now say I don't need to use it! However the land is on separate deeds. On my house deeds I have right of access to my back door on this path can I make them remove it? It is a wooden shed which I thought was illegal built against a house!

Answer 1

I had kinda the same problem myself, First I warned them about what they were doing and causing me hardship and mental stress on me and my family. I told them if they do nothing to make it right that I was going to sue them each one, personally for damages and mental anguish and stress and that I would be going after $100,000.00 each plus my attorneys fee's. Then I said in the letter you have 3 days to make up your mind or I will seek action against each of you involved.

I mailed it to them where they had to sign for the letter so I knew they got it I allowed for the days being mailed, I got a notice of delivery the next day and the following day they moved the shed, late at night but they moved it.

Answer 2

You have more than one problerm with this neighbour, not only is he blocking your access, he is denying you use of communal land and damaging your personal property. It will be hard for you but i think the only way you can deal with it is to meet it head on. Get witnesses and a video camera and put MORE garden furniture out, then video him damaging your property before you sue him for criminal damage, harassment and blocking your access. Take him for all you can, and don't even talk to him again, let your lawyer do the talking. If he's as nasty as you suggest it may be helpful to have other people with you for a time when you sue him, as he may say nasty things and you want witnesses to that. It seems to me you have every right to demand a court order banning him from the communal land as HE is the one causing a nuisance.

I don't lnow what your chances are, but it may make more sense to sue him for money. Personally I'd move someplace else asap.

if you get the shed moved then you can sell the house with clear access.

I'm sorry to say that in this case it looks like the house and land are not a good investment. Peace of mind is worth more than any property. no matter what the outcome of the court case, the police will not stanbd guard over your property so if Mr Baddy persists in bad behaviour, there is little you can do unless you have a bunch of big brothers or men friends who will guard your property. Private security guards doesn't come cheap.

Answer 3

Take them to court.

What they have done is illegal, they cannot block your right of access even if it was on "their" property.

As for the communal garden, if it's on the deed as being yours to use, then you can use it.

The Citizens Advice Bureau will be able to help you out with next steps.

My mum told me of times when she had the worst neighbours in the world. They had a feud going on for years about right of access and this person was in control of the whole village.

It eventually came to a head by my mum pouring weed-killer all over their lawn, and the neighbour said that she wouldn't have bothered with all this, if she knew it was going to be this much hassle.

I'm not saying you should pour weedkiller on their lawn, but don't take any sh*t from these people.

It's surprising how many people back off if you stand up to them.

Answer 4

Never mind the construction methods and materials, the issue is the violation of your right of way. As I interpret your question, the shed is actually on your neighbor's property, and owners are generally entitled to improve their property in the way they see fit if they satisfy local legal requirements. So you neighbor has probably done nothing wrong there. If you think the shed violated building codes, you could report it to the town building department. They may or may not care. However, if your deed grants you the pathway access you claim, then you have a cause of action. You need to be certain that a legal document has granted you in writing the right to use the pathway. Then you need to discuss this with your neighbor. If they won't remove the shed on your request, you will have to take them to court. See a lawyer for this.

Answer 5

You should ask a lawyer your rights. You can usually get a free first time answer. In Canada, a public access can not be legally blocked. Also, an owner of property who allows the pubic to create a path across his property without objectionfor an extended time, gives up his right to legally block passage

Answer 6

In my honest opinion I would suggest Ovaltine with milk going to bed ,or even Valium. It's only scaffolding, its not permanent.

Answer 7

If you have a right of way then report it to the council (planning dept) and they can sort it out. Depends if you want to tick your neighbours off or not.

Answer 8

In the UK sheds do not need planning permission. If you cannot have access then you need to see a Solicitor.

Answer 9

In the UK, I know that that would be illegal. The local council should be informed immediately. There is also the aspect of health and safety, especially as regards to fire.



I hope this helps.

Answer 10

Just show them your deeds. If they brush you off then check with your solicitor and take the necessary action. Remember, though, that talking is cheaper than legal action.

Answer 11

This is definitely a situation where talking to a lawyer is possibly the only way you will get any results.