Neighbour has blocked access path with a fence

[SouthernDave]

Wait for them to go shopping… then deny all knowledge that you did it. Tell them to prove it… just like they said

[Lousmurf]

As the Land Tribunal says, it has no power to order the blocking or alteration of a right of way.

I do no think there is any point complaining to the ombudsman. The right of way is your right and it is up to you to defend it.

Time to write a letter to the neighbour, I think.

I have since heard back from the land tribunal. They sent me an email with all the jargon about Claus this and Claus that. Basically the neighbour applied to the land tribunal last June to have the right of way signed away. The land tribunal wrote to the council. The council did not oppose the neighbours application and as such the land tribunal granted her request to take back the rights for the access path. So basically I’ve been left with no way to get my bins round to the front of my house to be emptied and for other maintenance to be carried out to the rear of my house. None of it seems to make any sense. Why on earth would the council not oppose her request and just willingly sign over the rights of their land? I’ve never heard of an access path between terraced houses being allowed to be blocked? I’ve since contacted the housing manager within the council with a few choice words and they are now apparently having to investigate the matter. There was a comment made to the effect that if the neighbour has been given permission then there is nothing they can do. That doesn’t sit right with me, how can the council do nothing about land they own? I’ve also contacted my local councillor and am writing to the head honchos within the council. Definitely seems like something is amiss in this whole situation.

[nukecad]

Now it is a case for the Ombudsman.

The council have obviously acted in an irresponsible manner by not opposing the application - which has been detrimental to your rights as their tenant.
Rights that are given to you in your lease with the council.

As things currently stand though your neighbour is quite within her rights to put up a fence and block your access, and she is excercising that right.

This isn't the councils land, it is your neighbours land over which the council (as the owners of your property) had an easement to allow them or their tenants to cross it.
The council have simply signed away their right to that easement, which is to your detriment as their tenant.

It's going to take a long time to sort out legally, but unless someone has lied to the land registry then they have acted correctly.
So it appears to be the council that is entirely at fault here by not opposing the application to remove the easement.

That leaves you with no access - unless you can come to some new arrangement with the neighbour, which doesn't seem likely.
Maybe offer to pay her for access, and if she agrees then get the council to pay it as it's their fault.

For the moment it seems the best you can do is drag your bin(s) through the house to the front street and leave them there. (Which no doubt the council won't like but it's their fault in the first place).

[Lawcruncher]

Lousmurf,

I don't understand the tribunal's decision. Can you obtain a copy?

[Lousmurf]

Lousmurf,

I don't understand the tribunal's decision. Can you obtain a copy?

[Lousmurf]

Lousmurf,

I don't understand the tribunal's decision. Can you obtain a copy?

[Lawcruncher]

I cannot seem to enlarge the images so that I can read them.

[Moderator2]

Lousmurf,

Your last post has been removed because it was full of identifying details, if you re-post please redact.

[Lawcruncher]

If the post was a tribunal decision I think it is a public document.

I downloaded the image in post 20 to see if I could enlarge it. I could, but not so as to be able to make much out. I did though make out "East Lothian Council" which altered me to the fact that the issue involves Scottish law. That means I am unbale to offer an opinion and all my comments above should be assumed to be inapplicable.

Sorry not be be able to assist.

[Moderator2]

If the post was a tribunal decision I think it is a public document.

That may well be true, but this thread suggests an ongoing dispute and therefore it would be inappropriate to identify the people involved.