According to the deeds, we must give right of access leading towards this space of land, but the actual space itself doesnt require a right of access.
I have previously rung the Council (before I had a chance to dig out my deeds) and they disputed any such claim telling me that the space I am talking about is a right of way.
The question I need answering is, we want to exclude traffic along this path and since our deeds say it isnt a right of way and belongs to us, can I errect a fence blocking the space of land in question providing that I do not disrupt the right of way's detailed on my deeds?
To help I have popped a quick diagram
Code: Select all
|| ||======[=======================]== X [ ] X [ ] X [ ] || ||
The ([ and ]) are the start and end of my home
The (X) is the space of land I am talking about
The (||) at the top is the stairway leading down to the back of the terraces
The (||) at the bottom is the stairway leading up to the front of my house and my end terrace neigbhour
So the way i see it, the right of way leading down to the terraces needs to be left untouched, the right of way leading up to my house and my other neigbhour needs to be left untouched but the space inbetween that serves only to provide access for us and is currently being used as a cut-through by others.
NOTE : My neighbour in the end terrace next to me has already fenced off their side of the dual paths that run down between the 2 rights of way, so they have already done what we are checking if we can do...so when we close off this path it will completely cut off access between these 2 points.
Anyone got any help on this one?