maybenot wrote: ↑
Fri Jul 26, 2019 1:17 pm
If the walls needed repairs then the deeds Indicate that the responsibility would have been between the owners of both of the lands adjacent to the wall....it looks like you can't locate one of them, and the other dismantled the wall. I think you should consider if you are wasting your time on that approach.
If the walls that were demolished needed repairs then all those houses mentioned in our deeds could, I would have thought, been called upon for a contribution to the cost. However, my question really was does the passage include the walls?! This would clear up the question as to whether the neighbours owned the walls or not. (They still should not have demolished them in a conservation area without consent, I think).
The neighbour dismantled both walls. (i) The wall that had originally been at the end of their garden, and (ii) the wall the other side of the passage that was the ‘boundary’ of the extra piece of land they purchased.
By knocking down these two passageway walls they united all the land they owned. Our ROW is now through this united land where the ‘passage’ once was …
I'm not sure how necessary it is to know who owns/owned the walls? We are tackling this as a breach of planning control issue. I realise our chances are slim - but if we don't try we won't know.
Unless there is something we are unaware of, the neighbour owned both walls and the land they occupied. The walls will have originally been built to define and secure the land of its owner and to prevent trespass by anyone using the passage, not to give a sense of security to any of the users
As both of you have a legal right to use the land, neither of you can be the owners and your rights to use the land will be equal - along with any other legal users.
The rear access is a valuable property right and should be defended accordingly.
How wide was the passage and what was the surface before any works took place, any gates in the walls?..................what is the situation now?