Shared pathway

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Shared pathway

Post by tjdale1111 »

Hi All.

We share a gate and a path with our neighbours (for more than 30 years)

The pathway is enough to push a wheelchair, pram etc

Recently my neighbour has stated that the boundary line for each semi detached house is centre of this shared pathway. She has started to build a wall for the centre of the pathway which means I can no longer get a pram etc down it.

I do have a drive in my garden but would be able to get a pram etc via the driveway when the car is parked on it.

I have checked my deeds etc and they are very unclear. There is a thin black line between the 2 semi detached houses which I think is the path.

Can my neighbour do this.

To confirm I have a a wall on my Side but in my garden not on the path. So my wall, around 30cm width of path then my neighbours wall. Hope that makes sense

You can see in the pic my wall the bit of path I’ll have and the blue line is where my neighbour had started building the wall
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Re: Shared pathway

Post by Rushton »

Not yet they can't. They really would need to have a determined boundary approved by the LR before they can legitimately claim to know where the boundary really lies and the wall would have to be inside that line; they can't simply identify the boundary line from referring to the title plan, because at that scale, only the general boundary can be inferred. The title plan should explicitly state this. Also, given the long period of shared use, you could be said to have acquired an easement through customary passage. I am not a lawyer, so that's just a suggested angle, but it's not clear that a wall restricting your use cannot be challenged.

Usual advice is to start documenting everything, keep it cordial, don't agree to anything and make an appointment with Citizen's Advice to discuss your rights. You could also check if your house insurance policy has a legal helpline for advice, or would pay for a solicitor's letter, or even take on a case if there is trespass.
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Re: Shared pathway

Post by Collaborate »

There are 2 blue lines.
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Re: Shared pathway

Post by arborlad »

Can we see an anonymised title plan please?
arborlad confuses people
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Re: Shared pathway

Post by pilman »

Do you know if these two houses were council houses that were transferred to each sitting tenant under the Government's Right to Buy scheme that starred with the housing Act 1980?

If this was the case then each conveyance would have reserved the rights over the half width of the common path owned by the council at that time.

This was very common when the council estates were constructed, so each sale off had to have the existing rights referred to in each Deed.

Many registers of title will have a reference to each original conveyance with most of those identified as "Copy Filed" unless every right referred to was transcribed on to the property register by Land Registry.
See the actual example below where the Property Register has an entry as does the Charges Register that states that a copy is filed.
2 The Conveyance dated 16 December 1985 referred to in the Charges Register
was made pursuant to Chapter 1 of Part 1 of the Housing Act 1980 and the
land has the benefit of and is subject to such easements as are granted
and reserved in the said Deed and the easements and rights specified in
paragraph 2 of Schedule 2 of the said Act.
This register contains any charges and other matters that affect the land.
1 A Conveyance of the land in this title and other land dated 16 December
1985 made between (1) Mid Bedfordshire District Council and (2) Edmond
Geaney and Rita Margaret Geaney contains restrictive covenants.
¬NOTE: Original filed under BD12345.
In this example the Conveyance referred to the common front pathway that was both granted with the sold house and reserved for all future use by the neighbouring house that remained owned by the council.

Then similar wording was used to reserve the right of way for the house retained by the council at that date.

Although difficult to see on that original plan there was a blue half and a brown half along the front path that led to each front door.

Looking at your photo it seems as though there was a half width of the side path that led to each of the back gardens granted and reserved in each house sale.
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Re: Shared pathway

Post by arborlad »

arborlad wrote: Sun Apr 21, 2024 10:15 am Can we see an anonymised title plan please?

..............or a photo from the opposite direction, a street view.
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