Fences on a shared pathway

Fences on a shared pathway

Postby AK79 » Mon Jul 21, 2014 10:31 am

Hello experts –

Need your expert guidance in solving the complicated fence issue.

My property is an end terrace house and there is a shared pathway for 3-4 houses to access the back garden from the road. But unfortunately, the shared path way / footpath falls under my title.
And there is a “T” showing in the fences. It means, I have to maintain the fence. Therefore I have raised an inner fence in my property on one side of the shared path way and I was requesting the neighbours to share the outer fence as it is a common area used by other 3 properties to access to the back garden. But the neighbours do not want to share the cost for the outer fence and hence asking me to replace the outer fence as it is under my title of the property.

In my property deeds, there are certain points that mentions the common walls are to be shared by neighbours in fair proportion.

How to go about this?
AK79
 
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Re: Fences on a shared pathway

Postby jonahinoz » Tue Jul 22, 2014 7:53 am

Hi,

So you own the path, and the fence. But is there anything on your deeds, or your neighbours deeds that says that you MUST maintain the fence? If not. I believe that you are entitled too remove it, let your neighbours worry about keeping their kids/dogs off your property. But probably best to leave it where it is until it becoms dangerous

I presume your neighbours do not obstruct the access with wheelie-bins, etc, nor fix things to, or against, your fence. You should be entitled to enter their gardens to paint your fence ... any colour you like, but I suggest you don't.

John W
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Re: Fences on a shared pathway

Postby jonahinoz » Tue Jul 22, 2014 7:59 am

Therefore I have raised an inner fence in my property on one side of the shared path way

Hi again,

If you are at the end of the cul-de-sac, and nobody else uses the stretch of path behind your garden, and you own the path ... what is to stop you removing your fence entirly, and putting a gate into the communal part of the path?

John W
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Re: Fences on a shared pathway

Postby MacadamB53 » Tue Jul 22, 2014 8:17 am

Hi AK,

the 'T' marks do not mean you're legally required to fence anywhere.

in your shoes I would fence my land wherever I wanted to fence it and leave it at that.

have you actually fences along the "way" to in effect provide a fence for the other gardens?

Kind regards, Mac
PS the "shared" stuff relates to the internal wall which separate you from next door and/or any garden fence dividing the two gardens - IMHO it'll have nowt to do with the "way"
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Re: Fences on a shared pathway

Postby arborlad » Tue Jul 22, 2014 8:51 am

AK79 wrote:. But unfortunately, the shared path way / footpath falls under my title.



...............then I don' believe it is a shared pathway, it is wholly owned by you, only the use that the others make of it is shared.
arborlad

smile...it confuses people
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Re: Fences on a shared pathway

Postby arsie » Tue Jul 22, 2014 10:40 am

AK,

the picture I have is of a way across the back of all the houses. Do you own all the path or just the part behind your house?
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