Boundary Dispute, yes another one

speigel

Just wanted to see what opinions this will throw up. There is a path/alleyway between our houses which my neighbour claims is hers and we have no right of way on it. She almost insisted we put up a fence when we bought the house,which we did. Later on when digging up our garden we find a path and steps leading down to this boundary. Which in my eyes means there was obviously an entrance of sorts on that boundary and we therefore have a right of way. Or is that too logical. ANyway I'd like to know what you all think.
Thanks, Speigel

jenny74

speigel wrote: »

Just wanted to see what opinions this will throw up. There is a path/alleyway between our houses which my neighbour claims is hers and we have no right of way on it. She almost insisted we put up a fence when we bought the house,which we did. Later on when digging up our garden we find a path and steps leading down to this boundary. Which in my eyes means there was obviously an entrance of sorts on that boundary and we therefore have a right of way. Or is that too logical. ANyway I'd like to know what you all think.
Thanks, Speigel

This may show on the land register, it'll cost you £3 to check. Also your solicitor may still have these details from when you bought...

But Why on earth did you just put the fence up without checking?

princeofpounds

The deeds should show you this. I cannot believe that you didn't just look at them to settle the dispute in the initial stages. Deeds are sometimes imperfect so it's not a 100% solution, but it should be.

Also, one or both parties may have created an easement (a right to access it basically) in the past through their actions or agreement regardless of who actually owns it. The presence of an access point might well be an indication of that.

Boundary law is a bit specific, so you should probably get some professional advice if the deeds show anything unusual. If they do not, and you don't need it for access anyway, you might not even want to worry about it.

Finally, if you do have a day in court over this, you would have to declare it if selling and your buyer asks. Keep that in mind.

Comyface

Before you incur sols fees, check your home insurance, though. If you have the Legal Protection/legal Expenses option, this may well be covered. Most claims (under this section) are for boundary disputes, I believe.

speigel

Thanks guys.
Our deeds do not show anything.
Her deeds say that the path alleyway is owned by her, although we know that the two houses on the other side of her say that they also have a share as it crosses the bottom of all three houses.
Wasn't a problem when we bought it as she was very nice. Only became a problem when she wanted to attach a roof over the alleyway, which we where advised not to allow as it would devalue our house from a detached to a semi. Since then she has been a right pain. She has now dug up the pathway and planted flowers and put a shed up at the bottom of her garden effectively removing it all except the bit between the actual walls.
She's told her other neighbours they can just walk across her garden if they need acccess.
Last time we put a gate in the fence, she built a barricade on her side.

Comyface

Nightmare, you have my sympathy. My neighbours are all lovely and I feel v. lucky.

Let us know how you get on, I would agree you should have right of way.

PasturesNew

Her deeds say it is her path, then it is, most likely.

In the past there could have been a gate/access for all sorts of reasons, maybe she got on with the last owners better, maybe it was between two prior owners on both parts ... but it might have been shortlived and as there's no agreement in writing you can't just assume.

e.g. a previous owner could have been doing some garden work and said "Look, I know it's your path, but I am tarting up the garden/fitting new windows, can I please put a gate in here and can my workmen use the path, it'll only for for about 2 months... and it'd help me out ... and here's £100 for your inconvenience".

You need to look at your deeds and see. Just because another alley in the road leads to 3 gardens, you can't just assume that her garden/path is an alleyway and performs a similar function.

It's in her deeds, at the moment I would vote for her side in the matter.

princeofpounds

Weird.

Ok, so probably it is her land ownership-wise, but quite a lot of people have rights of access. She's currently obstructing that access (whilst even more weirdly giving your neighbours access rights over her garden if she's writing her statements down).

You need & your neighbours to enforce that right or lose it (over time). If it's not a big deal though, it's not a big deal.

PS, try the neighbours from hell forum, I think they have people who know about boundary law.