6 years ago i entered into a shared ownership scheme, i share a communal enrance with my neighbour, she has now placed a fence around her borders which now restrict my access to the property, for example i can no longer gain access with a wheelchair and recently had to cancel the delivery of a settee as it could not get through the path due its right angle design, what can i do ?
Province/Country relating to question : England
contact the Housing association who shres the property lease
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.Do you jointly own the area she has fenced off?
no i don't think so Irwell Valley HA gave her permission to do this, in 2005 i had to gain permission from my neighbour and I.V. soilcitors to put up one fence panel. I have had no notification from either about the neighbours fence going up.
So it is narrower now and you can't get in - is that right?
the path is the same width, it is within her borders but due to the zigzag shape of the path, when you reach the right angle there is insufficient space to turn a wheelchair, double buggy and delivery of items the require a trolley to carry i.e washing machine.
Then you can ask the Landlord to take action.You can not enjoy your property and it should be altered or taken down.If the neighbour refuses then you (or Landlord) could take action to get it done.Once a Court makes an order it needs to complied with. If not they can be sent to prison for contempt of Court.But see if your Landlord will take action first. If they do not then you would need to sue the neighbour yourself.For this you would need a Solicitor to assist with your argument in Court.You may get legal aid or get Citizens Advice to help you.But based on what you have said, yes you can take action. Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Called to the Bar in 2007
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