Garden access. Neighbour has took access path over

Emmzi

am as usual confused about why a chat with the nieghbours isn't the first option. Doesn't have to be confrontational, just a wee blether asking their understanding of it.

Davesnave

Emmzi wrote: »

am as usual confused about why a chat with the nieghbours isn't the first option. Doesn't have to be confrontational, just a wee blether asking their understanding of it.

I think the OP, wisely, wants to know their options before proceeding. 'Act in haste,' repent at leisure and all that. Regardless of whodunnit and when, the neighbour is likely to be inconvenienced to a considerable degree, but it's right that they should be. Human nature being as it is, one can't imagine they will be overjoyed, or view the possible need to move their shed as rationally as we do.

Our neighbours have the right to access their property via our driveway. At some time in the past, they agreed with the former owners here to a legal variance of that route. It didn't cost much, because both were happy with the new drive.

If the rest of the estate is similar, it could be worth investigating who owns the title to all these pathways.

cagneyfan

G_M wrote: »

What is your relationship like with the neighbour?
The best way to resolve issues like this is always through agreement, not resorting to the courts. So, if you are friendly, then discuss it. Show them a copy of both your, and their, deed Plans. Both should show the right of access. You can download them from the Land Registry for £4.

Sorry to sound dense, but is this the form that has a picture of the layout with the lines around your own property? If so, I have copies of these from when I moved in. But I'm not sure if this is what you mean.

cagneyfan

geoffky wrote: »

do you have legal cover on your household insurance?

Not sure, I'd have to check. I only have building insurance though.

cagneyfan

Emmzi wrote: »

am as usual confused about why a chat with the nieghbours isn't the first option. Doesn't have to be confrontational, just a wee blether asking their understanding of it.

I understand your point. However, if a neighbour takes down a fence thereby stopping 'private, unrestricted' access and then puts a shed at the corner part of the pathway which leaves no room to pass without going onto their grass/plants etc. And leaves stuff along the bottom of the path and puts a shelf behind the gate between the two fences - suggests to me they knew what they were doing and would not necessarily like being politely informed of my rights. Because no matter how friendly or polite you are, you are still trying to get them to do something they obviously don't wish to do - otherwise they wouldn't have done all of the above in the first place.

Although I would much rather a quiet word than legal letters etc, I just don't think it's necessarily the way that will resolve the problem

cagneyfan

Davesnave wrote: »

I think the OP, wisely, wants to know their.


If the rest of the estate is similar, it could be worth investigating who owns the title to all these pathways.

How would I go about finding out who owns the pathway?
I know I sound thick, that's because I am. I've always been the sort that justs panics and not know how to go about finding out info etc. Plus I'm on my own and it's daunting. And legal jargon is just like a foreign language.

I was looking at my leashold (I now have the freehold) papers last night and it was like something out of a Dickens Novel! 'Herewith, Forthwith, Lessor, Lessee,etc!

iamana1ias

cagneyfan wrote: »

G_M wrote: »

What is your relationship like with the neighbour?
The best way to resolve issues like this is always through agreement, not resorting to the courts. So, if you are friendly, then discuss it. Show them a copy of both your, and their, deed Plans. Both should show the right of access. You can download them from the Land Registry for £4.

Sorry to sound dense, but is this the form that has a picture of the layout with the lines around your own property? If so, I have copies of these from when I moved in. But I'm not sure if this is what you mean.

Yours shows your boundary and doesn't include the path. You need your neighbour's deed plans to see whether the path is legally owned by them.

Anacrusis

Could you ask someone at your local council? or the Land Registry? I live in a mid terrace house and it sounds to me like your neighbour has taken an acess path - we have 3 or 4 along our road. One is obvilously never used and overgrown - maybe at some point your neighbour (or former owner of the house) saw an access path being wasted and took it. If it's your current neighbour, they probably worried when you moved in but now take it for granted that they can keep it?

It's definately worth asking the council or citizens advice about whether you might lose your right to the access path, because if you do it will be hard to sell your house if you ever want to move, when you have a garden you can't access. I know there is a law where after a certain amount of years a squatter gets to keep a house, but only if his/her ocupancy has never been challanged in that time.

cagneyfan

iamana1ias wrote: »

cagneyfan wrote: »

Yours shows your boundary and doesn't include the path. You need your neighbour's deed plans to see whether the path is legally owned by them.

What I have is a copy of the whole estate with my garden mapped out in red. Next doors is on and there's a definate dividing line to show that they have their garden and next to it is a path. I'd take that to mean it was separate from their garden therefore not theirs.

I think they are the original tenants. They probably own the freehold but I wonder if it would be a help to me if they still only had the leasehold. Is there a way I could find out?

cagneyfan

Anacrusis wrote: »

Could you ask someone at your local council? or the Land Registry? I live in a mid terrace house and it sounds to me like your neighbour has taken an acess path - we have 3 or 4 along our road. One is obvilously never used and overgrown - maybe at some point your neighbour (or former owner of the house) saw an access path being wasted and took it. If it's your current neighbour, they probably worried when you moved in but now take it for granted that they can keep it?

It's definately worth asking the council or citizens advice about whether you might lose your right to the access path, because if you do it will be hard to sell your house if you ever want to move, when you have a garden you can't access. I know there is a law where after a certain amount of years a squatter gets to keep a house, but only if his/her ocupancy has never been challanged in that time.

Any idea how many years they have to have the path like that before they can claim it? I've had maintenace men access it twice in the past 5 years