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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17569
Experience:  I have been practising for 30 years.
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Morning. I wonder if I can seek some advice. I live in a row

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Morning. I wonder if I can seek some advice. I live in a row of 3 terraced houses. My house has the deeds to the ginnel. We put a new door on with a key and gave a copy to the neighbour. Can you explain what access this means. is it for emergency only? My neighbour has lived there all his life and uses the ginel as his front door say up to 40 times a day, early in the morning late at night. . He talks to himself so when I'm in bed early morning he wakes us up. I just want to be able to know if I can say anything to him about the number of times he can go in and out? Thanks Janene
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No.
JA: Have you talked to a lawyer about this?
Customer: No.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

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doing what up to 40 times a day?

he comes out his back door and then goes up passageway to front of houses - is this correct?

and you hear this everytime?

Customer: replied 12 days ago.
In and out of the ginnel. Could be out for a minute then back for a minute then out again. Then it can be a while till he does it. Cant understand why he doesnt use his front door. He does have cows to attend to but not so much he needs to be going in and out
Yes outbof back door to front of house.
If I am in bed yes. Its just quite disruptive. It sounds petty but he slams the door shut and then at night say 10 pm when he goes back in he has an obsession to keep pushing the door to make sure its locked.
Maybe because we have been here its become more noticeable. But thought access was for putting bin out and emergencies and the odd time not a permanent in and out exit. Thanks

I assume that there is a documented right-of-way and unless it specifies for one particular purpose, then it’s for any purpose.

It is rare that specified for one particular purpose and more often than not it would say for any use connected with the land.

However what the person cannot do in exercising the right is causing nuisance and this is nuisance if it affects your enjoyment of the property.

I have experience of this and you probably find that the guy has OCD but that’s nothing that you couldn’t deal with, all you can do is threaten the court application for the nuisance to stop.

It is nuisance and an ordinary English dictionary definition of the word.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

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