Do they think I'm stupid - or am I being grumpy?

[Milims]

There is a plot of land locked land next to my property. When I moved here the post man would use it to walk from the houses opposite, across my garden and then to my door, down the path and out. I politely asked him to stop using my garden as a thoroughfare and use the path as appropriate. The local kids also thought that they could walk up my privately owned path, across my garden and into this area of land. I put a stop to that too! Recently the land came up for sale - odd since when I bought the house I asked the council about it and they didn't know who's it was. Anyway, the land was recently bought by a local "stone mason" (I use the term loosey!) who lives in the house behind mine. The other day, for the first time in the 5 years I've lived here he stopped and spoke to my partner and I (they've probably talked about us plenty tho!). He dropped into the conversation that he had paid £4,000 for the land and a further £500 to someone for access accross his land to access it. It turns out that after the "agreement" was made and the money turned over the agreement was broken (awww shame!). Today (as I predicted) the child of the partnership arrived in our garden, with a friend, with the intention of accessing the plot of land. How long to you reckon before "Mr Stone Mason" offers us £500 for access across our land?

[Smooth Hound]

Its tricky by the sounds of it, you dont want to fall out with the locals, but obviously you dont want anyone going through your garden willy nilly, if hes a stonemason then i presume he is going to use the land for his general junk etc. Is it possible to say to him that you will give him a way through,but him only and on condition he gives you long term use of some of the land , saying that i dont know how much land he has purchased. oh and say no lorries, either, if it is vehicular access hes after. and any agreement you make get in writing signed by a couple of independent witnesses

[Stonehead]

I'd just say no and put it in writing. We had a problem some years back with neighbours trying to claim access across our back garden. They lived two doors down and want to cross both our garden and that of the house in between so they could move timber and junk around. (He was a bit of a rag and bone man.)

We'd tell them no, they'd come through anyway (even taking down fence panels) and when we had a lawyer write a letter telling them no, they tried to argue they had a right by prior use.

As we'd always denied them access, they didn't have a leg to stand on but it was a real pain, especially when it came time to sell the house. We had to get a lot of extra legal work done to prove there was no right of access over the garden to our side passage before we could sell.

But it would have been much worse if we'd let them have access — few people want their neighbours walking back and forth across the back garden, looking in the windows and nosing around — and it would have knocked thousands off the selling price.

[marshlander]

Stonehead has it spot on.

Mr Stonemasons isnit hoping for a potential infil building plot I trust!

[Martin]

A definite very firm "no" in writing!
no "ands", "ifs" or "buts" - NO!

[red]

I daresay they wont like you for it.. but say no.
and put it in writing, as already said. because it will cost you a lot more than 500 quid in what you will lose by allowing access. - it will devalue your house.
make it clear now tht you do not allow access.

[baldowrie]

is £500 worth it for what will happen to your garden?



SAY NO!

[Milims]

I'm glad to hear it's not just me! The land was sold with the premise that it was to be used for garden only (we know because it was offered to us as one of the surrounding premises) so he can't build on it. I guess if he does use it for anything like a dumping ground for his builders junk or a storage area he'd have to apply for some kind of planning permission. The drainage on it is really bad too - it's easily waterlogged when it rains. I don't know if it amuses or annoys me that he has only spoken to us when he wants something and quite frankly - these people aren't my friends so I'm really not bothered if they take offence at me saying NO - after all they've said somerather unpleasant things about me since I've lived here! As to the £500 - no way - our privacy is priceless. The only way I'd let him on my land is if he was going to buy my house - for a good price!

[QuakerBear]

If you are going to put your 'NO' in writing have a chat to the Citizens Advice Beauru. They'll be able to tell you the correct way to do it so there's no ambiguities and Stonemason can't qibble about the legality of it.

[Millymollymandy]

If you say no will he have no other way to access his land?

If so I think that's really funny and serves him right!

[Thurston Garden]

Milims are you North East Scotland or England? The law is very different for both...

[Milims]

North East England - and I have a mate who's in the law profession and he's told me in the past (naughty x husb!) about the ins and outs of people entering your property. Basically I can say no and if he pushes it there are lots of avenues such as public order offence and harrassment etc. Oh and I've recently befriended the local Bobby thru work too!!! Work is also an outlet for the CAB - so I have lots of resources at my disposal if the worst comes to the worst. It's just a bit annoying that people seem to take it for granted that they can do as they like and walk all over me and my garden!

[Thurston Garden]

Being in Englandcestershire you will have grounds to stop the access. Had you been in Scotland it would be a different matter altogether!

I think you should pull in a few favours and make it crystal clear at the start.

[justskint]

I think I might offer him 2k for the land, take it or leave it, just to wind him up.

[Thurston Garden]

Ransom Strip???