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  • FIRST POST
    • Cats are great
    • By Cats are great 12th Mar 17, 11:56 AM
    • 27Posts
    • 8Thanks
    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 2
    • Cats are great
    • By Cats are great 12th Mar 17, 3:55 PM
    • 27 Posts
    • 8 Thanks
    Cats are great
    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?
    Originally posted by littlerock

    Hiya, he claimed to my other neighbour that the blue foot access area goes all the way across the drive to the front of his lawn; it definitely doesn't....wish I knew how to add a photo I'm a bit rubbish at this TBH
    • melanzana
    • By melanzana 12th Mar 17, 4:19 PM
    • 2,221 Posts
    • 6,307 Thanks
    melanzana
    Post your photo to a host site like Flickr etc. and then copy and paste the photo to here.
    • AndyMc.....
    • By AndyMc..... 12th Mar 17, 4:40 PM
    • 81 Posts
    • 62 Thanks
    AndyMc.....
    Hiya, he claimed to my other neighbour that the blue foot access area goes all the way across the drive to the front of his lawn; it definitely doesn't....wish I knew how to add a photo I'm a bit rubbish at this TBH
    Originally posted by Cats are great
    Use tinypic.com

    It'll convert your photo into a link.
    • Head The Ball
    • By Head The Ball 12th Mar 17, 7:05 PM
    • 2,191 Posts
    • 4,722 Thanks
    Head The Ball
    ....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......
    Originally posted by Cats are great
    Can you park your car on your drive in a place that will block off their proposed path without inconveniencing yourself or your other neighbour?

    Doing that now might make the 'difficult' neighbour rethink spending money on something that you can easily block.
    My mate works for IKEA. It was his birthday last week and I promised to get him a Birthday Cake for his party. He wasn't impressed when I turned up with a box containing flour, eggs, sugar, butter and a whisk, plus a recipe leaflet.
    • Cats are great
    • By Cats are great 12th Mar 17, 7:08 PM
    • 27 Posts
    • 8 Thanks
    Cats are great
    Can you park your car on your drive in a place that will block off their proposed path without inconveniencing yourself or your other neighbour?

    Doing that now might make the 'difficult' neighbour rethink spending money on something that you can easily block.
    Originally posted by Head The Ball

    That is just what my shared drive neighbour and I spoke about today....I am calling our local planning dept. Tomorrow but I think it's worth a go.

    It's so stressful x
    • Davesnave
    • By Davesnave 13th Mar 17, 1:20 AM
    • 21,585 Posts
    • 85,283 Thanks
    Davesnave
    That is just what my shared drive neighbour and I spoke about today....I am calling our local planning dept. Tomorrow but I think it's worth a go.

    It's so stressful x
    Originally posted by Cats are great
    Your local planning dept won't be interested in where he puts a footpath. As it isn't going to be on their property, or interfere with the highways, it's none of their concern.

    Stressful or not, you (and your neighbour, if they're involved) have to deal with this yourselves. You have all the title plans, so show them to this person and make it clear that they can only obtain access by the designated route.

    Whether you do this over tea and biscuits or in a more formal way is up to you, but the neighbour needs to know clearly that this path isn't going where they intend, before it is constructed. Land Registry title plans and documents are pretty hard to argue with.
    I used to suffer with kleptomania, but now I take something for it.
    • littlerock
    • By littlerock 14th Mar 17, 3:20 PM
    • 942 Posts
    • 145 Thanks
    littlerock
    My sister had a similar problem. Neighbour took in a strip from the side of her front garden, while she was on holiday, to make a path through to his back garden. When she objected, he claimed the path he had created had existed recently (within about 7 years) and my sister had recently rerouted it to take over his land. This was all complete rubbish. Not only was it not on either set of deeds, but other local neighbours were willing to verify that the alternative path he had created, never existed. His deeds were clear but he wanted to do it so he chose not to believe them. Sister sent copy of deeds with solicitor's letter explaining the legal situation. Said she planned to put her garden frontage back. All gone quiet now.

    There is of course nothing to stop you building a fence in front of his new gate, on your own land.
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