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Footpath

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Comments

  • If I was moving into 464 then I'd want that fence removed for taking my bins out...
  • So did the mower take this route but you’ve blocked it at the yellow wall? 🤔

  • frogglet
    frogglet Posts: 773 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    So did the mower take this route but you’ve blocked it at the yellow wall? 🤔

    This is how I understand the problem to be. Its for getting their bins from their back garden, not for storing stuff in the garage and walking across a private drive to access from the front.
    It looks like there is a  gate on it at the road end,  personally I would move it to level with  the front of your house.

  • frogglet
    frogglet Posts: 773 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Does the black are belong to you?
    Have you coloured it in or is this a land registry supplied boundary plan 
  • Soot2006 said:

    If its within their boundary they own it. Show us the plans to 464.

    This. And they don't need a ROW over their own land since they can just walk on it as they please.  You have a ROW over THEIR land, so they can't block you out.
    And there's probably covenants in place to prevent them doing anything much with the land ...

    If I was buying 464 I would expect access to all my owned land and I would be requesting a gate installed in the fence preventing my access at the very least.

    Do they use the alley/walkway section that is beyond your garden gate much? I see you don't have a ROW over that bit. I know you say they don't come your way, but do they use it from their end at all?
    Hardly any use at all 
  • How else can 464 get access to their garden other than through their house?

    MIght have been my bad I thought OP said there was another route.
    For information, pathways run through the Front of every property and if somebody wanted to walk through they could but would mean walking between cars that are parked on the owners driveways, this is we’re the damage to property comes into play with kids with bike etc, this was the sole reason to erect the fence to protect my property. With regards to the council, I had a number of people out from planning and they all came to the same conclusion, the planned plots and their layout would not pass planning today. To be clear about available access to plot 464 and the route they have been suggested to take is around the garages so access isn’t totally blocked. And yes I was granted permission to erect the fence and have documentation from the council to boot. 
    And to add, no mention of any ROW in my deeds nor is anything stated in the neighbouring deeds of Plot 466 which are the 2 properties that are effected by the footpath. The deeds do show a boundary for plot 464 (purchased today) and the footpath is within this boundary. With no mention of ROW in any of the deeds for plot 464, 465 or 466, just what I have, namely section 1.5 which I’ve attached to the tread. My question is, what rights do plot 464 have in respect to being on land they don’t legally own and to that I mean being on driveways etc. 

    If its within their boundary they own it. Show us the plans to 464.

    That’s all I have for now of Plot 464 
  • sheramber
    sheramber Posts: 22,996 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 24 February 2021 at 9:12PM
    So how do 464 access their back garden? Do they have to go round to the black area and access it from there?
    Plot 464 is accessed via a completely different close 
    Is that the close for the front garden or is there another one for the back garden?
    .........
    Your garage appears to sit within plot 464's property. How do you access it?
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 February 2021 at 9:08PM
    How else can 464 get access to their garden other than through their house?

    MIght have been my bad I thought OP said there was another route.
    For information, pathways run through the Front of every property and if somebody wanted to walk through they could but would mean walking between cars that are parked on the owners driveways, this is we’re the damage to property comes into play with kids with bike etc, this was the sole reason to erect the fence to protect my property. With regards to the council, I had a number of people out from planning and they all came to the same conclusion, the planned plots and their layout would not pass planning today. To be clear about available access to plot 464 and the route they have been suggested to take is around the garages so access isn’t totally blocked. And yes I was granted permission to erect the fence and have documentation from the council to boot. 
    And to add, no mention of any ROW in my deeds nor is anything stated in the neighbouring deeds of Plot 466 which are the 2 properties that are effected by the footpath. The deeds do show a boundary for plot 464 (purchased today) and the footpath is within this boundary. With no mention of ROW in any of the deeds for plot 464, 465 or 466, just what I have, namely section 1.5 which I’ve attached to the tread. My question is, what rights do plot 464 have in respect to being on land they don’t legally own and to that I mean being on driveways etc. 

    If its within their boundary they own it. Show us the plans to 464.

    That’s all I have for now of Plot 464 
    Where's the path you want to re lay and where have you installed a fence blocking access?

  • sheramber
    sheramber Posts: 22,996 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The fence appears to be where the yellow line in  the post by scot2006.
    I think the path he wants to relay is the long green one going up the side of his house and round to the back garden of 464 .
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 24 February 2021 at 9:29PM

    Hi all, could someone  please offer some clarification on who owns the footpath which gives access to my rear garden. Attached is 2 images, 

    1st: text contained in my TP1 HM Land Registry marked 1.5 

    2nd: the boundary plan 

    the path requires repair/replacement and Im after some honest opinions as to whether I own the path so I can carry out the planned work. 

    Thank you in advance. 
    Overlay the path edged in brown over their title plan. They own the path, your deed gives you the right to use it. You have no right to obstruct it with a fence.
    Were cars being damaged while parked on your neighbours property obstructing their access?
    What do the plans say about the blacked out area edged in blue?
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