UK Property Law
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Hi there I will try and help.
Do you know if the rights for you all to use the pathway are expressly stated in any documents? And if so what these rights specifically say?
Hello, I don't know but my neighbour did tell me to check my deeds. It is a victorian terrace and gardens used to end at the path and there were allotments beyond. At some point the gardens were extended beyond the path.
Thanks. You really need to check your deeds as this is the starting point of trying to establish what right s everyone has. Most rights that are granted for such use tend to say things like "(rights that are granted).....for all times and all purposes for the use and enjoyment of the property". They are less likely to be specifically restricted to just putting out bins. If this is the case for your neighbour then I am afraid that his right to visit his other neighbour could be allowed under this definition.
of course leaving the gates open is just plain un-neighbourly and so he should be reminded to deal with this in future
I realise this may not be what you wished to hear but I cant always give replies that people wish for but i try and be as honest as possible. Please ask any follow up questions
I will be going off line shortly , but if you post a reply then I will come back to you a little later.
Hello, I think you have confirmed what I had really thought anyway. I have various documents going back to the original sale of the house and there is mention or right of way but it is written in very old language. If all neighbours agreed to conditions could this be made part of deeds going forward? Just thinking that if it could it could actually help avoid disputes and make the houses more saleable.
Yes you could agree this between you and enshrine it in a "deed of variation" that you could all sign. Word of caution though as you would probably need the consent of all your lenders aswell which may be quite an undertaking.
Also if you have only recently bought your solicitor really should have explained exactly what the rights are and so don't be afraid to go back to them to clarify the "old language"