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  • Shared Garden Access

    Hi, I have a problem with next door but one neighbor. At the end of my

    garden I have a foot path which is shared access to exit garden . Currently the neighbor has her fence in her garden just before the

    shared access path. She however doesn't use the access path as her house is an end house which has access on the front via a gate. Now she wants to move the

    fence onto the shared access to give her garden 2 feet extra length,

    she has accepted that its still my right to pass whenever I want. And she

    will put a gate up either end. However she keeps two dogs in the garden,

    which when I pass I will be exposed to them.



    But I need advice if she can erect a fence in the shared access path and expose me to the dogs when I wish to use the access.

  • #2
    Hi Mark



    this is a new one on me!!



    I guess you need to check your deeds about the shared access path, if all your neighbours are fine with the fence thats one thing



    my worry would be the dogs



    if you were crossing her garden, but technically the path and you were attacked by the dogs....where would you stand legally?

    would you be on the site of the access path or her land?



    can I ask if she needs to buy this path area from the council or someone?



    I have doubts about being able to block off an access path....I mean who does the path belong to now??



    sorry for all the questions!!



    I know what I mean and I hope you do!! :blink:



    I am sure someone here will have more experiance with this one!!

    Comment


    • #3
      Hi markleic26 and welcome to the Forum



      I've had to read your post a couple of times to get the image in my head, but I think I have it now .



      But I need advice if she can erect a fence in the shared access path and expose me to the dogs when I wish to use the access.


      My gut feeling would be no, she can't. She's attempting to extend her garden and cause obstructions to the shared pathway. If she put up the fences, like you say, the dogs would be free to roam in that section of the pathway - not nice to contend with, particularly if you don't like dogs .



      I think I'd be tempted to let her know what you feel about her suggestion/ proposal. Do you know what the other neighbours feel about it?



      Also, like Beth says, definitely check out your deeds and see if there are any covenants in there about what alterations can be made to the rear of the properties.



      Can I just check, do you all own your properties?



      I know again it seems like there are loads of questions, but it does help us to get a clearer picture.

      Comment


      • #4
        Hi Markleic and welcome to the forum



        I'm sorry but I'll have to plead ignorance on this one but I think Beth, HE and Holly have given you some good advice.



        Common sense tells me that she shouldn't be allowed to erect this fence, but then when did common sense ever count for much with some people I mean, how would she feel if you inadvertently left the gate unlocked and her dogs got out? I'm not saying you would do that, but if I let my dogs out into a garden where other people had access I'd be a bit worried.



        It's all very well for her to say you can have access but after reading some stories on here is amazing how some small incident can turn into a full blown NFH situation. I'd be very wary.



        Good luck



        Misty
        "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi

        Comment


        • #5
          Thanks for all your replies. All the houses are private, I believe that the shared access is not solely owned by anyone as its say on my deeds that I have to pay a proportion of the costs to maintain and repair it, If it was owned by her then surely I wouldn't have to pay a cost for repairing it if needed. My next-door neighbour who it also effects, is also not happy about it, although she is on holiday for a week.

          Do you think Im right in saying that.

          The shared access path must be kept uninterrupted and to cross safely at all times. (i.e. no dogs).

          If she can prove that she owns that part of the shared access, then yes she can incase the shared access with a fence, but must provide access either side with a gate. But then she has to tether the dogs up or stop them from entering the access path at all times to let me and my neighbour cross safely. which would have to be a fence !!!. (then that defeats the object what she's trying to do !!!!!!!!!)



          If she doesn't own the part of the access path then she cant put a fence up in it and use it as extra length of her garden.



          Either way because of the dogs she has to keep her fence within her boundary (not in the shared access path) so myself and my neighbour can cross freely.



          Also when do you think I should tell her the facts, she actually hasnt started the work yet and my neighbour is back of holiday next week. I want to wait for her to get back so we both can approach her together.



          What do you think.

          Comment


          • #6
            Hi again



            Thanks for clarifying some points .



            How did this neighbour raise this with you? Did they speak to you in passing, a group of neighbours, in a letter? Are you reasonably friendly with this neighbour?



            If you are on friendly terms, then I would suggest that you speak to them straight away and say you're not happy and give your reasons why. Say that you understand others have concers, but you can't speak for them. Maybe suggest that you could discuss it when your other neighbour returns.



            If they put something in writing to you, do the same back.



            I think they're just trying to push it. If you stand up for what we all think is common sense then maybe they will just back down completely. Although like Misty says



            then when did common sense ever count for much with some people


            HadEnough's suggestion about the Citizens Advice Bureau is a good one, they have lot's of information available on this sort of query - and they're free.



            Have a look on http://www.justask.org.uk to find out where your local one is.



            Please keep us updated.

            Comment


            • #7
              she told us about the changes she was going to make, as myself and my neighbour store our push bike along the shared path, which seeing that we are the only two that use it, its never been a problem, so she just said to us that we would have to shift our bikes as she was putting her fence there. She has never used the access and nor can she get to it beacuse of her boundary fence. She uses a gate on the front of her house to come and go from her garden. I have spoke to a solicitor and to citizens advice, both said no that she couldnt do it, but couldnt actually confirm this without going through the deeds. Which costs money. Im confident now that she cant make these alterations, but I wanted to get my facts right before i speak to her. Thanks again and will let you know when i speak to her.

              Comment


              • #8
                Originally posted by markleic26@Aug 15 2003, 12:32 PM

                I wanted to get my facts right before i speak to her.
                markleic26



                Please note that we have just given our views on your circumstances, we have not given a legal opinion (as we're not Solicitors).



                So what we've said isn't fact, it's only opinion.



                However, I suppose you could say what you wanted to this neighbour - and say it's up to them to prove that they could extend their boundary and erect fencing/gates.



                Just wanted to make sure that's clear.

                Comment

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