I currently have to give access to my neighbour in order for them to have access to their back garden. I am now having problems as the covenents on my property prohibit the use of this path to a footpath only. My neighbours are now taking a scooter up the path. I have asked them to stop and even gone to their landlord (an housing association) who seem to not want to deal with it, desite it breaching their tenancy agreement. I was wondering what i could do next. am i legally allowed to restrict/deny access. What about the covenent? any advice would be greatfully received and may stop me going to prison due to me strangling the stupid women next door who has said she can do as she likes because she is pregnant and if we continue complaining she will lose the baby! Thanks
ccfluff Mon 05/05/08 16:30
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Are they riding the scooter or pushing it?
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Question Author
Both, but they now wait until we have gone to bed to bring the bike round and then fetch it back early on a morning.
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Quite honestly I think this is a bit tricky - it is reasonable for your neighbour to want to keep a scooter in their own back garden, unreasonable to disturb you whilst doing so,.
You could take the housing association to court to force them to make your neighbour stop but it seems a bit extreme.
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I've just thought you could make it impossible to get anything down your path by positioning two very tall poles one in front of the other, but offset.
This would allow a person on foot to navigate, but nothing else.
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It is difficult to answer woithout seeing the exact text of the covenant. What does it say about access to the adjoining property? What are the limitations on use to which you refer. What is the ownership - presumably you own your property by the Housing Association the other. Do they have any covenants on their side since it would appear likely if yours requires you to grant access?
I had some problems with a Housing Association recently and found going straight to the Managing Director occasioned a bit of jumping to attention amongst those who had put my original letter on the too hard to handle pile!
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That should read.".. presumably you own your property AND the Housing Association the other", not "by"!
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Question Author
The covenents state that i have sole ownership of the pathway, The rights to the path are for the 'foot use only' and limited to wheeling a barrow or wheelie bin. At present under these covenents it actually states that the owner of the neighbouring property may make an annual donation to keep the right of way open. Up until now i have not received a penny. Thanks for all your comments
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Question Author
Tetjam
Why should i allow my neighbours to ride the scooter up my path when under the covenants Im not allowed?
Despite this, they have already damaged my front wall with the scooter, and could cause damage to the rear of my property due to the tight turn they have to take in order to get the scooter into their back yard.
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Question Author
Forgot to mention, this path is actually part of a passageway, above the path is our bedrooms, which when the idiots next door decide to ride the scooter up the path, we get the fumes actually coming up from the floor. This is why the covenants state that there should be no vehicular access. So, Tetjam, if things persist I may not have a life to get as I will have died from carbon monoxide posioning.
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Ignore Tetjam - he/she's always posting this sort of rubbish!
From what you say, the covenant appears to be very specific and restrictive, & the neighbours undoubtedly breaching it. However, if you go down the route of trying for legal enforcement you will end up with a large legal bill, enemies for neighbours & quite possibly them ignoring any Court judgement anyway.
Far better to either:-
1. Agree with the neighbours that they can walk round pushing the scooter with the engine switched off, but never riding it. If they accepted that & abided by it then you would probably be no worse off than if they were pushing a wheelbarrow; or
2. As someone else suggested, contact the MD of Chief Exec. of the Housing Assn. to try & get them to enforce the covenant on their tenant.
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