Access to shared land

aliene

My neighour in our terrace is doing renovation work. Access to the rear of the properties is through land which, on my title deeds, is outlined in red as "freehold land" with the rest of our property. This land is a fenced off path, but would have been part of the orginal garden.
My neighbour has in two places dug holes to access water pipes, without permission (which I would have obviously given), and when I challenged him has said the land has "shared" ownership and is on his title deeds too. Can this be correct?
I am concerned, as this has been left unsafe, that if there is any sort of accident eg with other neighbours' children I will be liable. I have expressed my concerns both to my neighbour and the labourer.

Browntoa

Access paths are shared ownership

theonlywayisup

If you are concerned about the safety of the site you need to contact the Health & Safety Executive. Homeowners carrying out building works have to comply with regulation concerning site safety.

aliene

Thank you for your reply. So even though it is outlined as my freehold land on title deeds, it is shared and we would all be liable if any accidents? thanks

aliene

Thank you. I do not use the path often but am worried about those that do to put out bins/ bikes etc. I will contact HSE.

stator

What do you mean it's marked as 'freehold land', that means nothing really except that 'someone' owns it.
You need to look at the deeds/title plan of your house and the deeds/plan of your neighbours and then you can work out who owns it and who is responsible for it.
If the land is registered you can download the title plans from the land registry website for £3 each

aliene

Thank you. On my Title Plan it is in the "Freehold Land" of our property- and marked in red as such. It is not marked on my neighbour's title plan, hence my surprise when he said "we all own it". There is no right of way stipulated in my Title deeds.The holes have now been filled in but i overheard the labourer saying they could dig up the path to re-lay water pipes. Can they do this without asking permission ?

usefulmale

I don't think you can refuse access to services. You have said yourself that you would give permission so what, really, is your problem?

aliene

The problem is that they have dug two large holes and left them open. I am concerned that if someone is injured I may be liable as the land is mine (I believe). The path is accessed by neighbours (including children). I was also trying to clarify that I do in fact own the land.
Thank you.

stator

If it's yours then it's yours and anyone has to ask for access.
Make sure your neighbour knows not to do it again.
If you see workmen, just go and tell them not to touch your land without discussing it first.

aliene

Thank you. They have now filled in one of the holes. I did challenge the workman this morning, but don't want to be unreaasonable. Just a bit annoying at 0800 when I had a day off!