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Right to buy boundary issues

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We are going through a right to buy (been 9 long months to date).
We are at the last hurdle now but had an email from solicitors saying the council are not giving us the title deeds to the front pavement in the garden.
This front pavement does not belong to the neighbour who are private.
This front pavement goes to our allyway  (which is under only our property and the council are transferring the title over to us and our front door and nothing else).
Why on earth would the council keep a path that only goes to our house?
They would have to maintain it so it doesn't make any sense.
Has anyone delt with this before?
All other ex council houses that are the same as my house with the same gardens have that path as part of there title deeds and in there boundaries.

Waiting for them to reply to our solicitor so thought I would ask on here if anything similar happened to you and what was the outcome.


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Comments

  • Section62
    Section62 Posts: 9,734 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Jolou1981 said:
    We are going through a right to buy (been 9 long months to date).
    We are at the last hurdle now but had an email from solicitors saying the council are not giving us the title deeds to the front pavement in the garden.
    This front pavement does not belong to the neighbour who are private.
    This front pavement goes to our allyway  (which is under only our property and the council are transferring the title over to us and our front door and nothing else).
    Why on earth would the council keep a path that only goes to our house?
    They would have to maintain it so it doesn't make any sense.
    Has anyone delt with this before?
    All other ex council houses that are the same as my house with the same gardens have that path as part of there title deeds and in there boundaries.

    Waiting for them to reply to our solicitor so thought I would ask on here if anything similar happened to you and what was the outcome.


    A plan or some pictures would help work out what is going on... but if the council gives you right of way over the path then why would you object to them keeping it and them being responsible for maintenance?

  • Jolou1981
    Jolou1981 Posts: 9 Forumite
    First Post
    Because it's a pavement in my garden, and getting the council to do any maintenance would be a hard work and could cause problems when we want to sell the house in the future.
    It's not a great picture as it's from Google Earth, but in green is the pavement in question.

  • ExEstateAgent
    ExEstateAgent Posts: 32 Forumite
    10 Posts
    Is that 'door' at the end of the path some kind of shared access to the back? 
  • Jolou1981
    Jolou1981 Posts: 9 Forumite
    First Post
    The allyway is mine and that will be transferred to me when completed which the solicitor has already told me about but for some reason the footpath at the front which leads onto it the council want to keep.
    All other ex council homes exactly the same on the same street have this footpath on their deeds.

    The neighbours have right of way as shown on there deeds in yellow which they have kindly let me see.
    They do have there own pavememt to there front door also.
  • user1977
    user1977 Posts: 17,773 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Jolou1981 said:

    The neighbours have right of way 
    Over the path you're talking about? In which case if it's shared it makes more sense that the council wishes to retain ownership and let you both have a right to use it, rather than give one of you ownership.
  • Jolou1981
    Jolou1981 Posts: 9 Forumite
    First Post

    My house is on the left, this is the neighbours tittle deeds. 
  • Y_am_I_Here
    Y_am_I_Here Posts: 10 Forumite
    10 Posts Photogenic
    I would presume the council are retaining ownership of the path as it's a right of way for both you and your neighbour. Shared access is not unusual, a lot of terraced houses have a similar right of way 
  • Jolou1981
    Jolou1981 Posts: 9 Forumite
    First Post
    It's just strange that no other houses on my street the council have done the same.
    All of them the 4 bed has the title and the 3 bed has the right of way.
    But if they want to keep it then what happens to maintaining the path?
  • Section62
    Section62 Posts: 9,734 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Jolou1981 said:
    It's just strange that no other houses on my street the council have done the same.
    All of them the 4 bed has the title and the 3 bed has the right of way.
    But if they want to keep it then what happens to maintaining the path?
    The council remains responsible - if it needs fixing then phone their housing maintenance number.

    If you do need to call them then make sure you call it a 'garden path'.  If you call it a 'footpath' or 'pavement' then they are likely to bounce you over to the highways department thinking it sounds like a public highway issue.
  • lincroft1710
    lincroft1710 Posts: 18,876 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Seems logical for the council to retain ownership of a shared path
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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