Our neighbour built HUGE metal gate and hired security guards to block our shared forest path – everyone should enjoy it
VILLAGERS have been left fuming after one neighbour built a giant metal gate and hired security guards to block a shared forest path.
Locals in Cwmparc in Rhondda Valley, South Wales, banded together to protest against the barrier which blocks the route to a beauty spot mountain that hat been used "for generations".
The beloved route is not an official right of way but is described as a "crucial" path to the stunning forestry, beloved by the villagers in the area.
Even the British Mountaineering Council has weighed in on the debate, backing the protesters after their path was slammed shut by the giant black gates.
The path, which links a road to the forestry, is private property and was blocked off earlier this month after the homeowner erected a giant gate.
In addition to the protest, locals have also launched a petition against the block which has been supported by politicians.
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Their protest at the weekend saw them brave horrific weather conditions in a bid to try and make their voices heard.
David Williams, 49, said: "The road has been used for access and enjoyment for 80 years I would say, if not longer.
"It will be awful if people can't use it anymore."
David had organised the protest on Sunday where more than 70 villagers came together in the pouring rain.
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He explained that if there had been more time to arrange the protest, there would have been an even greater turnout.
David added that if the weather had been less foul, and if there had perhaps not been a weather warning, numbers would have also been higher.
However, the 49-year-old highlighted that despite these awful conditions and lack of timing, a solid number of protesters still turned out to try and protect their access to the path.
He said how he has lived in the area his whole life and that himself, his parents, grandparents, family and friends have always had access to the mountain.
The group's petition has gained more than 3,000 signatures as locals call for the route to be designated as a right of way.
The British Mountaineering Council said: "For generations, this path has linked the village with surrounding woodlands and mountain trails, serving as a crucial route for recreation, mental well-being, and active travel.
"Now, a petition is underway to restore public access and safeguard the track for the future generations to come.
"The community was shocked when large gates were erected to block the pathway, despite its historical use."
They added: "Residents initially reported and removed the barriers, only for the landowner to reinstate them - this time with CCTV cameras and hired security guards, clearly designed to intimidate those seeking to use this route.
"The alternative route forces locals to take a lengthy detour on high-traffic roads, making access to the trails impractical for many."
A spokesperson for Natural Resources Wales said: "We are aware of an access issue to the forest road at Cwmparc.
"We’ve been contacted by a number of concerned people from the local community.
"We are currently looking into our legal position on this and will provide an update as soon as we have more information."
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A spokesperson for Rhondda Cynon Taf County Borough Council confirmed that the road the gates were placed on is not a registered public right of way.
They said: "The gates are within permitted development heights and are on private land."
What are your rights over a fence row?
IT'S very important to know your rights if you are embroiled in a fence row with a neighbour.
How do I know which side I own?
A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway.
The only way to know for certain who owns what side and to avoid any neighbour disputes, is to refer to the title plan or Land Registry.
In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep, say pros at .
Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules
People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this.
You can check with HM Land Registry to see which boundary feature you are responsible for.
Often households can't get hold of the paperwork but experts say they shouldn't panic.
Homeowners can guess who owns the fence by checking where the rails are.
Pros say: "The fence is typically facing away from their property so that their neighbour gets the ‘good’ side.
“This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
“This is then repeated with the neighbour on the other side to ensure that each home has both a ‘good’ and ‘bad’ fence side.”
Walls and fences are often built on the land of the boundary's owner with the edge of the wall marking the limit.
While professionals agree a glimpse at the fence can give you a hint, it's not foolproof - so you can't be certain.
Fines and punishment
It is recommended to always check legal documents before making changes to avoid hefty fines.
There is no law that the neighbour has to get the good side of the fence, so it's completely up to whoever owns the fence.
Fencing pros have suggested: “It may be worth selecting a double-sided panel with no ‘bad’ side as both sides look the same and rails are concealed within the fence panel.”
If one boundary backs onto a road or footpath you can install the panels with the rails on the inside
But if it's installed on the outside, it can provide an “easy ladder for burglars to enter your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action.
RICS also provides a list of surveyors who could assist in boundary disputes.
If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them.
Changing a boundary
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed.
The registered titles can help you to reach an agreement, but only if this information has been added.
In terms of decorations on a fence legal advisers recommended asking around over who actually first installed it.
But they also urged caution before getting to work on amending the fence without getting more certainty yourself - since there is a danger of actually being prosecuted for criminal damage.
How high can a garden fence be?
The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours'.
A garden fence can be as high as 100m but you need to get planning permission if it's over than 2m.
However, there are some complications to this.
If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission for putting a trellis on a fence of 2m.
But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant.
