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  • FIRST POST
    • Cats are great
    • By Cats are great 12th Mar 17, 11:56 AM
    • 37Posts
    • 13Thanks
    Cats are great
    Advice on a neighbours path
    • #1
    • 12th Mar 17, 11:56 AM
    Advice on a neighbours path 12th Mar 17 at 11:56 AM
    Hi Everyone,

    I live in a small cul-de-sac, there are 3 houses facing onto a shared drive but only one neighbour and me have access to it as the other house has a drive and garage just before our block pathed drive starts.

    The new neighbours are really nice just before they bought the property they came round to ask me about the drive, I told them that they had no access to it other than foot access to the first 6 foot. The gentleman wasnt happy but continued with the purchase and agreed that is lawyer said they had no access.

    So a couple of months on they have outlined a path on their lawn that goes from their front door to the middle of the drive, they said it was for the postman to use but it leads to our drive. They do have foot access to the first 6 feet but not where they have laid the outline.

    Myself and the other neighbour are unhappy about this as we suspect people will walk up our drive to gain access to the house, it is right in front of where I park my car.....I think they are trying to extend their rights and if the path is laid.

    What I am asking is do they have the right to put such a path onto our property?

    The estate we live on also has open plan front gardens, there are 35 houses here and none have a wall or fence but the neighbour is also talking about building a low wall around their front garden which I have to say would look awful.

    Many thanks in advance

    Ooo an update, my neighbour that shares the drive with me has spoken to the new neighbour about the outlined path, he is now saying that he is going to block off his path that has been there for 27 years and build a wall along to the outlined path then put a gate over the path and continue the wall.

    I have a copy of all 3 title deeds, his clearly shows in blue that his foot access is limited to the first 6 or so feet, he told my neighbour that it extended beyond that to 1 metre all along the front of his house. This is clearly not true, furthermore he said no one could in law tell him where he can walk.

    I think this is going to get nasty!
    Last edited by Cats are great; 12-03-2017 at 12:56 PM. Reason: Updated information
Page 1
    • ljonski
    • By ljonski 12th Mar 17, 12:04 PM
    • 3,206 Posts
    • 3,331 Thanks
    ljonski
    • #2
    • 12th Mar 17, 12:04 PM
    • #2
    • 12th Mar 17, 12:04 PM
    don't fully grasp the situation but they are making a path on their lawn,then i don't see how you can object?
    "if the state cannot find within itself a place for those who peacefully refuse to worship at its temples, then itís the state thatís become extreme".Revd Dr Giles Fraser on Radio 4 2017
    • AndyMc.....
    • By AndyMc..... 12th Mar 17, 12:04 PM
    • 542 Posts
    • 363 Thanks
    AndyMc.....
    • #3
    • 12th Mar 17, 12:04 PM
    • #3
    • 12th Mar 17, 12:04 PM
    Hi Everyone,

    I live in a small cul-de-sac, there are 3 houses facing onto a shared drive but only one neighbour and me have access to it as the other house has a drive and garage just before our block pathed drive starts.

    The new neighbours are really nice just before they bought the property they came round to ask me about the drive, I told them that they had no access to it other than foot access to the first 6 foot. The gentleman wasnt happy but continued with the purchase and agreed that is lawyer said they had no access.

    So a couple of months on they have outlined a path on their lawn that goes from their front door to the middle of the drive, they said it was for the postman to use but it leads to our drive. They do have foot access to the first 6 feet but not where they have laid the outline.

    Myself and the other neighbour are unhappy about this as we suspect people will walk up our drive to gain access to the house, it is right in front of where I park my car.....I think they are trying to extend their rights and if the path is laid.

    What I am asking is do they have the right to put such a path onto our property?

    The estate we live on also has open plan front gardens, there are 35 houses here and none have a wall or fence but the neighbour is also talking about building a low wall around their front garden which I have to say would look awful.

    Many thanks in advance
    Originally posted by Cats are great
    They can't put the path onto your property but they can put it across theirs so I take it you mean up to the edge of your drive.

    You can stop them putting the path in but they appear to have no right of access across your drive.

    What does the postman currently do, walk across your drive and the garden?
    • Ganga
    • By Ganga 12th Mar 17, 12:06 PM
    • 569 Posts
    • 254 Thanks
    Ganga
    • #4
    • 12th Mar 17, 12:06 PM
    • #4
    • 12th Mar 17, 12:06 PM
    Check the deeds of your house,where we live the houses are open plan and the deeds stipulate that no fences,walls etc can be errected on the fronts of the houses.
    As for him using your land /drive to access his door i would politely point out that before he spends money on putting in a path it is a no-no as it is private land and he has no right to use it,might save legal fees later if you let him proceed.
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
    • Mr.Generous
    • By Mr.Generous 12th Mar 17, 12:27 PM
    • 1,517 Posts
    • 2,176 Thanks
    Mr.Generous
    • #5
    • 12th Mar 17, 12:27 PM
    • #5
    • 12th Mar 17, 12:27 PM
    lay out your markers for your small fence down the side of your drive so his new path will lead to a dead end fence if he goes ahead. If he builds a low wall and you dont like the look of it I'm afraid that will come under the category of tough luck. Any kind of legal fight will be of huge benefit to the lawyers and huge detriment to all contributing parties.
    • Cats are great
    • By Cats are great 12th Mar 17, 12:48 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    • #6
    • 12th Mar 17, 12:48 PM
    • #6
    • 12th Mar 17, 12:48 PM
    Ooo an update, my neighbour that shares the drive with me has spoken to the new neighbour about the outlined path, he is now saying that he is going to block off his path that has been there for 27 years and build a wall along to the outlined path then put a gate over the path and continue the wall.

    I have a copy of all 3 title deeds, his clearly shows in blue that his foot access is limited to the first 6 or so feet, he told my neighbour that it extended beyond that to 1 metre all along the front of his house. This is clearly not true, furthermore he said no one could in law tell him where he can walk.

    I think this is going to get nasty!
    • Cats are great
    • By Cats are great 12th Mar 17, 12:50 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    • #7
    • 12th Mar 17, 12:50 PM
    • #7
    • 12th Mar 17, 12:50 PM
    Hi, yes depending on the postie they cross the grass.....I've added another update further down.

    Thank you
    • Cats are great
    • By Cats are great 12th Mar 17, 12:52 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    • #8
    • 12th Mar 17, 12:52 PM
    • #8
    • 12th Mar 17, 12:52 PM
    They can't put the path onto your property but they can put it across theirs so I take it you mean up to the edge of your drive.

    You can stop them putting the path in but they appear to have no right of access across your drive.

    What does the postman currently do, walk across your drive and the garden?
    Originally posted by AndyMc.....
    Yes sometimes dependant on the postie, they tend to take shortcuts but I don't mind as its only lawn. Thank you
    • another casualty
    • By another casualty 12th Mar 17, 12:56 PM
    • 2,382 Posts
    • 3,603 Thanks
    another casualty
    • #9
    • 12th Mar 17, 12:56 PM
    • #9
    • 12th Mar 17, 12:56 PM
    Not sure if it makes any difference , but is it a freehold property you own ?
    Is it worth yourself and good neighbour , making an appointment with the planning officer at the council bringing your deeds etc and find out for sure?

    Taking pictures is advisable also .

    Hope it doesn't get nasty
    • Cats are great
    • By Cats are great 12th Mar 17, 12:58 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    Yes they are all freehold

    Thank you
    • littlerock
    • By littlerock 12th Mar 17, 1:02 PM
    • 1,003 Posts
    • 162 Thanks
    littlerock
    You need a wayleave to cross private land. My sister had a similar problem with her neighbour and was able to point to her deeds to show he could not do this. A solicitor's letter did the trick.
    • Mr.Generous
    • By Mr.Generous 12th Mar 17, 1:06 PM
    • 1,517 Posts
    • 2,176 Thanks
    Mr.Generous
    Lots of houses have shared paths, they lead to all sorts of problems. Just about to start another renovation with a shared path and tunnel under the houses to the rear. Next door front and rear gardens are a tip, full of rubbish, broken toys etc. The ultimate solution is to put up a 3ft fence and let them have the shared path by making our own path our side of the fence. We haven't done this yet, but constantly picking up their fag ends and sweet wrappers from the shared path does start to get you down. If only people had a bit more consideration for others shared space would be more bearable. I certainly wouldn't want a path finishing half way down my drive, it will become their space by default, wheeling bin past your car etc, moving furniture, visitors. Bleeding nuisance.
    • Cats are great
    • By Cats are great 12th Mar 17, 1:44 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    Lots of houses have shared paths, they lead to all sorts of problems. Just about to start another renovation with a shared path and tunnel under the houses to the rear. Next door front and rear gardens are a tip, full of rubbish, broken toys etc. The ultimate solution is to put up a 3ft fence and let them have the shared path by making our own path our side of the fence. We haven't done this yet, but constantly picking up their fag ends and sweet wrappers from the shared path does start to get you down. If only people had a bit more consideration for others shared space would be more bearable. I certainly wouldn't want a path finishing half way down my drive, it will become their space by default, wheeling bin past your car etc, moving furniture, visitors. Bleeding nuisance.
    Originally posted by Mr.Generous

    It's really not right, he doesn't know I have a copy of his title plan, their front lawn carries all of the services to my house. Drains, water, telephone the works, they've just planted 2 trees in the same line as my sewers....you cannot miss it as the grate is sat besides it.😖
    • PasturesNew
    • By PasturesNew 12th Mar 17, 2:07 PM
    • 58,670 Posts
    • 337,889 Thanks
    PasturesNew
    I don't understand it to be honest... I need a diagram

    Open plan areas are a nuisance when somebody thinks they can do what they like... freehold land with rights to pass across it is fine until you're dealing with an arrogant barsteward who thinks a right to pass means a right to do wtf they want.
    • missile
    • By missile 12th Mar 17, 3:09 PM
    • 8,686 Posts
    • 4,159 Thanks
    missile
    A photo would help.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Mar 17, 3:27 PM
    • 12,305 Posts
    • 33,510 Thanks
    moneyistooshorttomention
    You need a wayleave to cross private land. My sister had a similar problem with her neighbour and was able to point to her deeds to show he could not do this. A solicitor's letter did the trick.
    Originally posted by littlerock
    As I understand it = wayleaves is the name applicable to a service provider (eg electric provider) wanting to cross someone's land. For instance - if British Telecom wanted one of their telephone poles on my land then it would be a wayleave and they would have to pay me (ie a nominal amount) for this.

    Otherwise - if it's a private household trying to cross someone else's land = then it's an easement.
    ******************
    • melanzana
    • By melanzana 12th Mar 17, 3:32 PM
    • 2,275 Posts
    • 6,396 Thanks
    melanzana
    Yes, diagram/photo required pronto!

    I can't make out what the actual situation is TBH, even though it is not pleasant for OP.
    • littlerock
    • By littlerock 12th Mar 17, 3:38 PM
    • 1,003 Posts
    • 162 Thanks
    littlerock
    yes i think you are correct. If Ops services run across neighbours land, does that mean Op has an easement. over neighbours land? Separatelly neighbour surely cannot change his path to exit halfway up neighbours drive when he has no legal access to that part of the drive? Or does he think the easement works both ways?
    • Cats are great
    • By Cats are great 12th Mar 17, 3:40 PM
    • 37 Posts
    • 13 Thanks
    Cats are great
    In schedule one of their deeds it states ' a right to go pass and repass on foot only at all times for the purpose of obtaining access to and egress from the property over and along the access way coloured blue on the said plan annexed here to on the retained land'. The blue part it at the very beginning of the cul de sac not anywhere near where they have set out the proposed path, it's at least 20 feet away. He claims he can use the whole of the drive that is in front of his house.....the deeds do not say that nor do the photos show it ��
    • Wassa123
    • By Wassa123 12th Mar 17, 3:41 PM
    • 214 Posts
    • 82 Thanks
    Wassa123
    You cant stop him putting a path anywhere on his property.

    You could try and stop him, the postie, the milkman, etc usingg your property but it would be a lot harder.

    If you want to, build a wall blocking the path.
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