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  • FIRST POST
    • bethhol
    • By bethhol 12th Jul 17, 2:27 PM
    • 2Posts
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    bethhol
    Legal Advice Please? Neighbours claimed pathway that wasn't theirs?
    • #1
    • 12th Jul 17, 2:27 PM
    Legal Advice Please? Neighbours claimed pathway that wasn't theirs? 12th Jul 17 at 2:27 PM
    The house behind our garden asked the previous owners if they minded putting a new fence up, to which the previous owners said no - it was only once it was up they noticed they claimed part of the access pathway.

    This was only about 2/3 years ago they did this, and they're the only house on the other road to have done this as the pathway served our house.

    Where would i stand on being able to claim this as part of our garden and not theirs?

    Thanks
    Last edited by bethhol; 12-07-2017 at 2:54 PM.
Page 1
    • stator
    • By stator 12th Jul 17, 2:32 PM
    • 5,819 Posts
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    stator
    • #2
    • 12th Jul 17, 2:32 PM
    • #2
    • 12th Jul 17, 2:32 PM
    You won't be able to claim it as you garden since it's not shown on your deeds and you don't have posession of it.
    If it's written into the deeds then you will be able to restore access to your garden. But it may cost money
    Changing the world, one sarcastic comment at a time.
    • bethhol
    • By bethhol 12th Jul 17, 2:38 PM
    • 2 Posts
    • 0 Thanks
    bethhol
    • #3
    • 12th Jul 17, 2:38 PM
    • #3
    • 12th Jul 17, 2:38 PM
    Its not in theirs either though, it was access to all of our houses on that road and they're on the road behind, so all apart from our house has claimed that bit of land from the alley way, but this house got in before us to claim it - do i not have any right to it ? Thank you
    • Guest101
    • By Guest101 12th Jul 17, 2:41 PM
    • 15,143 Posts
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    Guest101
    • #4
    • 12th Jul 17, 2:41 PM
    • #4
    • 12th Jul 17, 2:41 PM
    Its not in theirs either though, it was access to all of our houses on that road and they're on the road behind, so all apart from our house has claimed that bit of land from the alley way, but this house got in before us to claim it - do i not have any right to it ? Thank you
    Originally posted by bethhol
    No. why would you think that you did?


    possession is 9/10s of the law anyway.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 12th Jul 17, 2:44 PM
    • 1,900 Posts
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    ScorpiondeRooftrouser
    • #5
    • 12th Jul 17, 2:44 PM
    • #5
    • 12th Jul 17, 2:44 PM
    So essentially the entire alley way has been claimed by people with no right to it. You want to know if you can override the pre-existing claim of the people behind your house on the grounds that.....I actually can't think what grounds you think there are.

    Why stop there, though? Why not try and claim the whole alleyway? None of the other houses have any more right to it than the people you intend to try and dispossess.
    • Red-Squirrel
    • By Red-Squirrel 12th Jul 17, 3:06 PM
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    Red-Squirrel
    • #6
    • 12th Jul 17, 3:06 PM
    • #6
    • 12th Jul 17, 3:06 PM
    Does nobody actually need to use this access pathway for access?
    • Ozzuk
    • By Ozzuk 12th Jul 17, 3:08 PM
    • 1,103 Posts
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    Ozzuk
    • #7
    • 12th Jul 17, 3:08 PM
    • #7
    • 12th Jul 17, 3:08 PM
    Do you have any access rights to the land? If they are claiming adverse possession then I thought they had to have 12 years usage where noone else used the land. Likely why they've fenced it off now.

    You could try asking them to remove the fence as you need access and they have no actual right, if they say no then I'm not sure if you can do anything. Who does own the land?
    • moneyistooshorttomention
    • By moneyistooshorttomention 12th Jul 17, 3:38 PM
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    moneyistooshorttomention
    • #8
    • 12th Jul 17, 3:38 PM
    • #8
    • 12th Jul 17, 3:38 PM
    Surely all of you (except yourself right bang at this moment) are on dicey ground anyway - for having blocked a "Right of Way"?

    I would have thought if a new owner moved into one of the houses and demanded to use their access path = everyone would have to move their fences back and reinstate the path anyway?
    If there's "4 tendencies" type of people (Gretchen Rubin) = yep....Questioner type here
    - Meets an expectation only if they believe it's justified and resists anything arbitrary or ineffective
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 12th Jul 17, 3:50 PM
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    ScorpiondeRooftrouser
    • #9
    • 12th Jul 17, 3:50 PM
    • #9
    • 12th Jul 17, 3:50 PM
    Do you have any access rights to the land? If they are claiming adverse possession then I thought they had to have 12 years usage where noone else used the land. Likely why they've fenced it off now.

    You could try asking them to remove the fence as you need access and they have no actual right, if they say no then I'm not sure if you can do anything. Who does own the land?
    Originally posted by Ozzuk
    The way I read it they don't need or want it open so they can have access. They want to fence off the additional space into their garden instead of into the other house's.

    I see that the original post has been edited now though.
    Last edited by ScorpiondeRooftrouser; 12-07-2017 at 3:52 PM.
    • G_M
    • By G_M 12th Jul 17, 11:20 PM
    • 41,106 Posts
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    G_M
    Who owns the alley?

    Who has rights of access along/over the alley?

    What other rights apply to the alley?

    In practical terms, who actually uses the alley?
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 13th Jul 17, 7:45 AM
    • 1,900 Posts
    • 2,834 Thanks
    ScorpiondeRooftrouser
    Who owns the alley?

    Who has rights of access along/over the alley?

    What other rights apply to the alley?

    In practical terms, who actually uses the alley?
    Originally posted by G_M
    Their original post (now edited) stated that their parents originally lived in the same street and fenced off their bit of the alley many years ago, so I would imagine that the answer to who uses the alley has been nobody, for years.
    • marliepanda
    • By marliepanda 13th Jul 17, 7:49 AM
    • 4,679 Posts
    • 9,388 Thanks
    marliepanda
    Pretty fantastic. Someone claimed some unowned land before us, can we make them give it to us.
    Survey Earnings 2017 - £163
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