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Matt J
Matt J, Solicitor
Category: UK Property Law
Satisfied Customers: 671
Experience:  LLB(HONS)
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Hello I have an issue with a neighbour which I wanted some

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Hello I have an issue with a neighbour which I wanted some advice on. I live in a terrace of 8 houses. He live at number 2 and I live at number 6. There is a pathway that runs through all the properties which can be accessed from the front street at either end. When we bought the property our solicitor pointed out that neighbours can use the path for access for taking bins out etc. My neighbour at number 2 is friendly with my neighbour at number 8 and got quite threatening the other day when he used the path through our garden to reach his friend. I find this unreasonable as he could have gone the front way. We only ever use the path for bins or building materials. Where do we stand on this.

Matt J :

Hi there I will try and help.

Matt J :

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?

Customer:

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.

Matt J :

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.

Matt J :

of course leaving the gates open is just plain un-neighbourly and so he should be reminded to deal with this in future

Matt J :

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

Matt J :

I will be going off line shortly , but if you post a reply then I will come back to you a little later.

Customer:

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.

Matt J :

Hi there

Matt J :

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.

Matt J :

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"

Matt J and other UK Property Law Specialists are ready to help you
Hello

I hope that my advice assisted you, and all has gone well. If you have time then I would welcome an update.

If you have any other legal questions then please post "FOR MATTHEW J" before you ask your further question and I will endevour to come back to you. I may not be online at that particular moment but will come back to you as quickly as I can.

All the best

Regards

Matthew J