Shared jointly owned access path.Can we get gate removed?

Shared jointly owned access path.Can we get gate removed?

Postby evelyn » Tue Aug 03, 2010 6:08 pm

I live in a block of four terraced houses and the neighbour at the end who has the rear access path running alongside his property has put up a gate at the bottom 'annexing' this part of the path which has the gate to the road at the end.At first this was bolted but after much remonstration he has removed the bolt but he has taken to dumping his rubbish on the other side of the gate which he regards as 'our' part of the path and is putting his own property (ladders etc) on 'his' side of path.We are not very pleased with his behaviour as it will give potential buyers of our house the impression that the rear access is not equal but hindered.I have tried reasoning with him but got a couple of punches in the face for my trouble.Another issue we have with him is that he has raised the height of the fence to the path to 12' in places 30' of which is a breeze block monstrosity which cuts into the path about 18".I have three questions for the experts on the forum.I have looked in the deeds and the path is jointly shared for the purpose of foot access.

1. I have checked with the council and he has not applied for planning permission for the alterations to the path boundary ie putting up high breeze block and brick walls.Do we have a right to veto planning permission as the path boundary is a boundary and the 'fence' is over 2 metres in height?

2. Can we get him to take down the gate or is he allowed to keep it?Personally I don't see that he has any more right to build on the path than the rest of us.

3. The breeze block part of the fence has been up for many years although it was only previously about 6' high.Have we lost the right to complain about the fact that this goes over the path boundary and narrows the path by about 18" ?

I would be very grateful for any advice about this.
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