Title Plan

Josquin

Hi davidmcm

Yes I own the cottage at  the end of the lane. Next door want to create an access to their garden via my part of the lane. But it looks like they have a 'right of way' along that part of  lane to the edge of my garden.

On the title plan I own the lane.

Qu is.. can they open up an access through a wall from the right of way. They already have an access to the lane. Also I do not know who is responsible for the wall. If it was me I could make a decision of yes/no.

Thank you.

Slithery

Who paid for the wall to be built?

Josquin

That's the thing, I don't  know. It's been there years before me. Wonder how I can find out who is responsible?

davidmcn

Didn't your solicitor explain the title to you at the time you bought? Or to turn it around, get the neighbours to justify to you what they think they're entitled to do.

Josquin

No to both davidmcm. It was left to me.

I wonder if I ought to let a solicitor  take a look at the TP and RP of the properties to see if they can make sense of the charges etc.

Slithery

We can do that if you post them....

Josquin

That is very good of you Slithery-thanks. How do I post them?

Shame there isn't private message here on the forum.

Josquin

I could write the charges up leaving out the personal names etc.

Would that be enough?

greatcrested

So

* you own the lane

* who is responsible for maintenance etc? Likely to be specified in a Deed/Conveyance somewhere, probably referred to in the Title

* your neighbour has some sort of (as yet unspecified) ROW over the lane. Again, you need to quote your title, the neighbour's title, and/or any Deed/Conveyance referenced in the Titles which specify this ROW

* there is a wall between the lane and the neighbour's land. Ownership of the wall is unknown.

* The neighbour wants to remove part of the wall and replace it with a gap, or gate, or something.

* whether they can or not will depend on ownership of the wall and/or wording of the ROW

* seems strange that the neighbour has a ROW over the lane if there is no access to his land - what is the purpose of the nighbour's current ROW? Does he make use of it?

Having said all that, what is your issue? Bearing in mind that a) god neigbourly relations are worth a lot, and not worth jeopodising unneccessarily and b) neigbour disputes can be expensive and affect future property sales, is it actually worth trying to prevent the neigbour doing this?

Citizen's Advice really focus on consumer issues, benefits and housing (eg tenancies/evictions etc). I doubt they know much about land rights like this.

Josquin

greatrcrested

Thanks you.

All good points and of course you need the details of the TP and RG with all the charges etc.