Neighbours 'exclusive use of outhouse' questions

thinster

Hi there,

in our title paperwork it states 'the wash kitchen tinted in yellow on the filed plan is not included in the title'.

Our neighbours seem to have 'exclusive use' of this even though it is no longer used as a wash kitchen and is within the boundaries of our freehold land.

Is there any way of changing this?

We would like to put a fence in between the house and neighbours as it would increase the value of our house if we had our own bit of the backyard space.

Any advice or help would be much appreciated

molerat

You buy it from them. I assume an old property which originally had shared outbuildings.

lincroft1710

Is the backyard space yours or communal? Are there any rights of way over it for neighbouring properties.

princeofpounds

If it is not included in the title then it is not included 'within the boundaries' of your land, even if it appears within the red line on the plan.

Unless you have a more complicated freehold/leasehold split perhaps.

thinster

Hi,

yes I think we are suppose to let the neighbours walk passed our house to get to the lane which runs down the side. Also the yard is supposed to be shared but the neighbours put up a fence years ago to basically stop our young children from playing outside their house. As such we put a stop to them walking passed our house every hour taking their dog for a walk and having a good old nosey through our dining room and kitchen windows. We are all friendly now I hasten to add

thinster

princeofpounds wrote: »

If it is not included in the title then it is not included 'within the boundaries' of your land, even if it appears within the red line on the plan.

Unless you have a more complicated freehold/leasehold split perhaps.

Then what is the red line for if it is not boundaries?

princeofpounds

Then what is the red line for if it is not boundaries?

It is for boundaries. But it is not the only thing that determines boundaries. And the language in the title seems rather clear that the yellow shaded area is not included.

thinster

princeofpounds wrote: »

And the language in the title seems rather clear that the yellow shaded area is not included.

Yes I know this. I'm asking is there any way that it can be changed and if so how? Would we need to get together with the neighbours and see if we could come to an agreement or does owning the freehold mean we can do what we want?

lincroft1710

This is getting confusing!

You want to erect a fence, but the neighbours seem to have already done this.

You are preventing the neighbours from legitimately using the right of way. So how do they access the outbuilding?

thinster

there's a gate in the fence they put up. The fence is only about three foot high. They didn't consult us before they did it either.

princeofpounds

Yes I know this. I'm asking is there any way that it can be changed and if so how? Would we need to get together with the neighbours and see if we could come to an agreement or does owning the freehold mean we can do what we want?

You don't own the freehold to the yellow shaded area.

Unless you own a freehold title to all the land, and a leasehold title to everything on the land except the outhouse which is excluded in yellow on that title alone.

Given you have not mentioned the two layer title then I assume it is just one freehold title, and it does not include the yellow area. Does not matter that it is within red lines.