Advice on a neighbours path

Cats_are_great

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!

ljonski

don't fully grasp the situation but they are making a path on their lawn,then i don't see how you can object?

AndyMc.....

Cats_are_great wrote: »

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

They can't put the path onto your property but they can put it across theirs so I take it you mean up to the edge of your drive.

You can stop them putting the path in but they appear to have no right of access across your drive.

What does the postman currently do, walk across your drive and the garden?

Ganga

Check the deeds of your house,where we live the houses are open plan and the deeds stipulate that no fences,walls etc can be errected on the fronts of the houses.
As for him using your land /drive to access his door i would politely point out that before he spends money on putting in a path it is a no-no as it is private land and he has no right to use it,might save legal fees later if you let him proceed.

Mr.Generous

lay out your markers for your small fence down the side of your drive so his new path will lead to a dead end fence if he goes ahead. If he builds a low wall and you dont like the look of it I'm afraid that will come under the category of tough luck. Any kind of legal fight will be of huge benefit to the lawyers and huge detriment to all contributing parties.

Cats_are_great

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!

Cats_are_great

Hi, yes depending on the postie they cross the grass.....I've added another update further down.

Thank you

Cats_are_great

AndyMc..... wrote: »

They can't put the path onto your property but they can put it across theirs so I take it you mean up to the edge of your drive.

You can stop them putting the path in but they appear to have no right of access across your drive.

What does the postman currently do, walk across your drive and the garden?

Yes sometimes dependant on the postie, they tend to take shortcuts but I don't mind as its only lawn. Thank you

another_casualty

Not sure if it makes any difference , but is it a freehold property you own ?
Is it worth yourself and good neighbour , making an appointment with the planning officer at the council bringing your deeds etc and find out for sure?

Taking pictures is advisable also .

Hope it doesn't get nasty

Cats_are_great

Yes they are all freehold

Thank you

littlerock

You need a wayleave to cross private land. My sister had a similar problem with her neighbour and was able to point to her deeds to show he could not do this. A solicitor's letter did the trick.