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Mid-Terraced Ex-Council House - "Shared" Passageway

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Comments

  • WIAWSNB
    WIAWSNB Posts: 3,810
    1,000 Posts First Anniversary Name Dropper
    Forumite
    edited 3 September at 11:10AM

    Schedule 2.2 states it's a right of access for 'pedestrians only'. That usually includes wheeling things like barrows and bikes, carrying stuff, etc.

    I think it's very clear it's to allow just passage, tho', say to the redacted location, and not for any other use. With any such right of access/right of way, anything that can 'substantially' interfere with this access is usually considered a breach, and action can be taken.

    I'd agree with DecoChicken that Schedule 4.4 would reinforce this.

    How 'substantial' is the interference caused by the bikes? Do you have to consciously avoid handlebars or pedals as you pass, for example? Do you have to brush your own wall, rotate your body slightly, make a conscious movement to avoid contact? If so, I think that could certainly be considered 'substantial'. Especially if you first put the neighb on notice of this interference, should anyone hurt themselves getting past the bikes, the neighb could be considered liable.

    The ladders presumably don't stick out very far, so possibly don't constitute a 'substantial' interference, but again if there's any risk of harm by bumping into them, then ditto - liable. Are they at a height where they could be walked or bumped in to, for example? Is the passageway gloomy or well lit?

    Take photos looking down the passageway to clearly show the level of interference, and call your Legal Protection for advice on the best approach. Or else just walk into them, and sue his butt.

    Kidding.

    Get someone else to do it.

  • DecoChicken
    DecoChicken Posts: 18
    10 Posts Photogenic Name Dropper
    Forumite

    You could try going down the fire safety route with your neighbour, as presumably the passage would be a way of escaping a fire at the back as well as allowing access for the emergency services.

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