Sheds in alley way

Sheds in alley way

Postby james75 » Sat May 27, 2017 4:56 pm

Hello!

Asking this for a friend (Goodie) who is having trouble with their next door neighbour (Baddie). I keep saying they need to see a solicitor for advice, they keep ignoring me for some reason (financial maybe)! So, out of interest I wanted to get opinions on here!

They're having a barny about an access path.

Goodie lives on Plot 36, Baddy on Plot 37. I live on Plot 34, which has a more up to date plan than theirs. Their ones show half the development unfinished and don't include said path.

18618694_10154421570627477_942585265_o.jpg


When the properties were built, an access path was added for Plot 37 (Baddie). The space used for this was originally part of Plot 36. However, the shading on it on MY docs has me confused, it's as if they'd re-designated it and made it part of the common area. I'm not sure.

Anyway, baddie has erected two sheds in the access path, plus some bikes and a basketball hoop! Goodie is not happy about this. The sheds are positioned both ends of the access path, one is full-width and blocks it. Goodie doesn't use or need the access path, however.

Goodie needs to establish whether the access path is within her plot in order to be able to ask baddie to remove the sheds and bikes, etc.

No documention appears to exist which mentions the access path. I'd hoped to see something in Plot 36 saying the the added path fell within the plot with an easement for plot 37 to pass over it, etc.
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james75
 
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Re: Sheds in alley way

Postby mr sheen » Sat May 27, 2017 5:32 pm

New build plots are often modified just before transfer and contracts usually allow for that.
'Baddie may well own the land.
Even if he doesn't only beneficiaries of easements over the land or the actually owner can take action against him.
if you and 'goodie' don't own the land and don't have easements outlined on your deeds you need to leave 'baddie' alone.

If you or your friend own the land or have a specified easement over it then come back with the exact wording and you will get further assistance.
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Re: Sheds in alley way

Postby MacadamB53 » Sat May 27, 2017 6:22 pm

mr sheen wrote:New build plots are often modified just before transfer and contracts usually allow for that.
'Baddie may well own the land.
Even if he doesn't only beneficiaries of easements over the land or the actually owner can take action against him.
if you and 'goodie' don't own the land and don't have easements outlined on your deeds you need to leave 'baddie' alone.

If you or your friend own the land or have a specified easement over it then come back with the exact wording and you will get further assistance.
+1 this is how it is
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Re: Sheds in alley way

Postby james75 » Mon May 29, 2017 10:11 pm

Thanks - makes sense. Just to be clear, this isn't my fight. :) A lot more has gone on than I've written here; latest in a long line and to be honest, whilst baddie has been bad, goodie has let it happen!

For example, he had a rear extension built whilst the neighbour was away on holiday AND moved her fence in order to make room for it! The cheek of some people!

Cheers :)

P.S. I've told them to get the wording about a million times in order to see if there are any mentions of the path, but there's no action on that front. Useful perspective though - I'd not even considered the prospect of baddie owning the land!
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