Is there a minimum property walkway / access size?

ams12688

Hi all,
I've just recently bought a small semi detached house to renovate in the Cardiff outskirts, and the semi-detached side is where the only doors to the property are located, and the walkway to get to these doors is EXTREMELY narrow between the house itself and the neighbour's field. I was wondering is there a minimum distance for walkway access between my house and the field? The neighbour has erected some quite serious wooden posts and barbed wire fencing, leaving only about 18inches walkway to the only door of the property.... making it impossible to carry anything like furniture or fear of knocking into the wire! Is this not a bit tight? Is there a minimum access amount? Any advice appreciated!! Thank you

*~Zephyr~*

Is the Neighbours fencing within their boundary lines? 18 inches does sound very tight. Check your deed to see if they have overshot their boundary.

ams12688

*~Zephyr~* wrote: »

Is the Neighbours fencing within their boundary lines? 18 inches does sound very tight. Check your deed to see if they have overshot their boundary.

Thanks for your reply. I've had my solicitor forward the property deed/ registry docs, and there is no mention of size between the properties... it's just a very basic hand drawn birds eye view without any reference to scale! Any ideas?

PasturesNew

It is tight, but that's the size it is and the size it's always been - you can't go "land grabbing" because the neighbour owns the other side of the fence and you want a bit of it. I'm guessing you thought tall/strong people, with long arms, could get furniture in by holding it in the air above the fence if there wasn't wire there....

What most people would do, re furniture, etc, is take a window out, or deconstruct/reconstruct the furniture.

Or... move the door.

Any minimum sizes/etc would have been dealt with at the Planning stage.

ST1991

I am struggling to imagine the narrow walkway, if it goes through your front garden. Do you have a picture/drawing?

moneyistooshorttomention

I gather that its deemed walkways should be at least 2' wide and it's recommended they be 3' - 4' wide - but I don't know if there is a law laying this down.

I'd be surprised if the width is really that narrow - ie if it is = it does look rather like the neighbour is trying to grab some of your walkway width.

Maybe the local Council has plans stored away somewhere on their system of what they approved when planning permission was applied for? If so - perhaps these will tell you how wide your walkway really is. I'd hazard a guess your walkway is really 3' wide and your neighbour has grabbed 18" of it (ie because I think Land Registry boundaries are deemed to be accurate to within 18").

Are you able to contact the vendor and ask them how wide it was before the neighbour did this and when he did it?

Guess that's the first step and hope it doesnt all end up in a worse case scenario of having to change a front window to French doors or the like to create an alternative entrance.

Davesnave

ams12688 wrote: »

The neighbour has erected some quite serious wooden posts and barbed wire fencing, leaving only about 18inches walkway to the only door of the property.... making it impossible to carry anything like furniture or fear of knocking into the wire! Is this not a bit tight? Is there a minimum access amount? Any advice appreciated!! Thank you

Yes it is tight; in fact ridiculously narrow for the entrance to the property, but I presume it was like that when you decided to buy it, or you'd say otherwise.

So, unless it looks obvious that the neighbour has very recently erected their fence in the wrong place, your best option would be to start the renovation with an attempt to purchase of some of that neighbour's 'field.'

If it is a field, not just a garden, they probably won't miss a metre, but they'll probably charge a premium price and expect you to pay for the legal work and relocating the fence.

Whether you are intending to renovate for long term living or as a money-making exercise isn't clear from your post, but regardless, you will probably want to sell one day and something like this will seriously restrict your market, and thus your price.

Did you have a survey, and if so, what type?

And when (roughly) was the house constructed?

moneyistooshorttomention

I'd hazard a guess that fence is pretty new - and has been put there precisely in the hope that a bit of the field would be bought at an inflated price.

If that is what has happened and if OP can't get the rest of their walkway back from the farmer (but fingers crossed they can) then I would say that puts OP in the position where it's literally impossible, on principle, to buy the land from the farmer (ie because of it being their own land anyway) and they would have to go for the "put a french door in the sitting room wall or something" option instead. That - even if it cost the same price - as at least they wouldnt be paying again for something they already own by the sound of it.

Norman_Castle

I would question the use of barbed wire next to a narrow path. Is it necessary or allowed?

Davesnave

Norman_Castle wrote: »

I would question the use of barbed wire next to a narrow path. Is it necessary or allowed?

If you don't want sheep/goats in your garden, the neighbour might argue it might be!:rotfl:

I've not used it myself next to my neighbour's garden, but before I re-fenced that section, it was barbed-wire. There are plenty of footpaths near me with it alongside.

However, they aren't 0.5m wide!

There will be structural options, besides land purchase, which could be aided by evidence from the Fire Brigade if the facade needs alteration. Banging a hole in a wall need not cost a fortune, as I've proved several times recently.

moneyistooshorttomention

Norman_Castle wrote: »

I would question the use of barbed wire next to a narrow path. Is it necessary or allowed?

Well I would have thought it's putting the farmer at risk of a personal injury claim against him.

That does raise a good point though. I suggest the OP makes sure they have legal insurance add-on to the house/contents insurance - in case such a claim should ever be necessary.

If the farmer has grabbed a bit of OP's passageway - maybe the thought of a potential personal injury claim might help dissuade him from hanging onto it?

I presume the way to deal with this goes:
- check if its OP's bit of land and try to get it back if so

*****************

If it isnt OP's land (which I doubt):

1. - take out the appropriate household insurance and wait until it's been in place for long enough to be able to make an injury claim if there were to be an injury from that barbed wire

2.- then (when that time is up) go to the farmer and point out the risk of injury to OP/followed by an injury claim from OP (maybe putting some distance between coming out with those two facts......) and ask if the farmer would be willing to suitably amend the fence to avoid that risk. Then is probably a good time to mention the Fire Brigade thinks there is a risk to occupiers as well (cue for producing Fire Brigade report to prove it).

3.- If the farmer won't = then offer to pay a fair price for that bit of land (only if isnt OP's anyway!!!). If the farmer wants too much for it or refuses full stop - then get in a window firm to do a French door.