Can I remove an obstacle to my right of way?

• I live alone (I'm a 62 year old female) in an inner terrace cottage and have a right of way over the adjoining cottage which is outlined in our deeds. My neighbour-from-hell is permanently blocking my way with obstacles, the latest being 2 tree trunks in a large wheelbarrow which I cannot possibly remove myself. The last time I attempted to use my right of way was in June, when I asked politely if he would remove the bins etc that were blocking me. For my pains I was taunted, verbally abused "in my face" and finally pushed violently to the ground. The police have been involved but the CPS refuse to prosecute as there were no witnesses. I can't afford a solicitor and need to know if I can: A) ask another male neighbour if he would move the obstacles and wait for me to take a mountain of garden waste to my green bin, or B) can I ask this same male neighbour to use the right of way on my behalf?

• Answer:

  The strict A at law is this: Assuming you have as you believe a right of way you will usually find it worded that you, and your heirs,shall enjoy an unobstructed access over the particular route. In practical terms this means you and your friends can use it and the other people that also enjoy that right of way must not obstruct it. Also being practicable we mean must not deliberately make it difficult, we don't mean a temporary thing like the shopping etc. Your deeds will say how you can use the access, eg on foot, with vehicles, with a horse etc. The deeds will say how wide the access is, maybe even how it should be maintained and if you have to contribute any costs to its upkeep. If a right of way is obstructed then you, or your helpers, are entitled to remove as much of the obstruction as is necessary for you to have access, the usual thing is a farmer putting barbed wire over a footpath, the principles here are exactly the same, you can cut as much of the wire away as is necessary. Also if a right of way is blocked then you have the right to divert around the obstruction and to go onto land which is not actually part of the access way provided it is land in the same ownership of the person causing the obstruction. So if the path access is blocked you could walk over his lawn or flower bed to get round the blockage. All this is probably very academic when you are unable to enforce your rights so yes you can get some fit and able person to help you assert your rights. Initially take some pictures, including a dated newspaper helps to pin point the date, write and send a recorded letter to the neighbour, You might find a solicitor willing to do pro bono work ie,. for free if it is only writing a letter, ask your Citizens Advice centre, try your local University Law Dept - sometimes students are involved in advice centres, try your local radio station. Above all don't give in, you are only a victim if you allow yourself to be bullied.