Shared passage

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buddydoodle
Posts: 3
Joined: Mon Aug 05, 2013 8:05 pm

Shared passage

Post by buddydoodle » Tue Aug 06, 2013 10:10 am

Hello all

We are new to the forum and I hope we are posting this in the right place.

We live in the centre house of a terrace of 5 and access to the back garden is by a passage shared with the neighbour on one side. We own the house but the neighbour is a council tenant. There is a wrought iron gate at the front of the passage. When we first moved in, our neighbour gave us a key to a padlock used to secure the gate. For a few years this did not present a problem but since then relations between us have soured for various reasons and the locking of the gate has become an issue. If we require the gate left open eg for workmen to gain access, the gate tends to be locked again within a few minutes of us unlocking it, often not by the tenant but by someone visiting. If he requires the gate open, then it stays open (we are not going to get into tit-for-tat gate locking, tempting though it is).

We feel he is trying to assert ownership of the passage even though the land registry map we got when we bought the house clearly shows we own 50% of the passage. This is also expressed by him storing timber/boarding in his side of the passage, making it difficult to wheel bins, etc down the passage.

We have been to see the local housing officer who appears to be having difficulty getting him to attend a meeting. She has stated she will be able to get him to clear the passage of any stored items but not to permanently take the lock away as technically he is not denying us access as we do have a key. We would prefer to have it permanently unlocked: we have a lockable gate to our own garden at the rear end of the passage and we see no reason why he can't have one either.

Can someone advise us if we can legally insist he remove the lock?

despair
Posts: 16532
Joined: Mon Mar 14, 2005 7:07 am

Re: Shared passage

Post by despair » Tue Aug 06, 2013 10:17 am

I believe you will find if you carefully check all the details of your deeds and those of the neighbouring house what you think is a shared passage is also a Right of Way

In which case nothing whatever can be stored on it as that amounts to an obstruction and a locked gate presents the same

Download a copy of your deeds and the neighbouring house from www.landregistry.gov.uk

its only £5 a house

Its possible the neighbouring house remains unregistered in which case you will need to request copies from the council

Read the threads on Right of Way section of this forum for more info

buddydoodle
Posts: 3
Joined: Mon Aug 05, 2013 8:05 pm

Re: Shared passage

Post by buddydoodle » Tue Aug 06, 2013 4:12 pm

Thanks for the replies, I will try and get a copy of the deeds to clarify the exact status of the passage. As far as we know, the gates were originally provided without locks and our neighbour put the lock on himself.

I have done a rough sketch of the layout of the two properties which may clarify things.
House plan.png
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kipper
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Shared passage

Post by kipper » Tue Aug 06, 2013 6:16 pm

Do the deeds state anything regarding usage? If usage for visitors, deliveries, all purposes, etc. is allowed, then placing a lock on the gate would probably be considered substantial interference.

arsie
Posts: 1957
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Shared passage

Post by arsie » Wed Aug 07, 2013 9:07 am

If you are still on speaking terms, I would explain to him that his locking the gate is an obstruction of your right of way which he must cease and desist. If not, write him a letter and send it recorded signed for. There is an active thread on here http://www.gardenlaw.co.uk/phpBB2/viewt ... 01#p164601 entitled 'right of way on title register not accepted and blocked' which is a very similar sitution - though different geography and players. Two wrongs don't make a right and you are wise not to retaliate with your own padlock, tempting though that idea is :lol:

Conveyancer
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Location: Andalucía

Re: Shared passage

Post by Conveyancer » Wed Aug 07, 2013 1:15 pm

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buddydoodle
Posts: 3
Joined: Mon Aug 05, 2013 8:05 pm

Re: Shared passage

Post by buddydoodle » Wed Aug 07, 2013 9:23 pm

Thanks for all the replies. I have gone to the land registry website to download the deeds and I am unsure what to request, there is a "title register" at £3 and a "title plan" also at £3 (this latter I assume to be a map, which I think I may have already from when we bought the property). Am I looking in the right place?

arsie
Posts: 1957
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Shared passage

Post by arsie » Wed Aug 07, 2013 9:43 pm

I seem to recall last time I did this - years ago - you need both. Anyway for a few quid? Anyone else?

Conveyancer
Posts: 5610
Joined: Wed Sep 07, 2005 3:19 pm
Location: Andalucía

Re: Shared passage

Post by Conveyancer » Thu Aug 08, 2013 8:53 am

Get the title register first and see what it says. If it refers to tinting on the title plan then you need to get the plan too.
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