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My neighbour owns the path that runs between my back garden and his,me have legal access to it and that is all fine and not in dispute. He'd like to put a fence on the path at my side of the path to provide some privacy. Again no problem with that bit as he plans to put in a gate for us to get to the path and if anything it will look more like our fence then his. Will the arrival of the fence have any impact on the path and my legal rights?
Useful comments appreciated, funny comments also appreciated but not essential...
I'd talk to a solictor - he's effectively extending 'his space' to include the area of the path, isn't he? I'd be worried long term that you'd lose access altogether. Also might look odd when you come to sell?
Next he'll put a lock on the gate 'for security' and forget to give you a key...
I seem to remember that if it is his land then he can place a fence if he wants. He has agreed to maintain the access as well. He SHOULD ensure that all of the fence and posts etc are on his land and not yours - which by the sounds of it would involve digging into the path. Other option could be that he pays and the fence is sited on your land and becomes your property. That's your choice though as you'd inherit the maintenance costs.
That is of course my STW opinion and may or may not have any basis in law...
I read it differently to WW and it sounds a bit like what we have.
I have to provide access along the end of our garden for next door to get get into their garden by walking along the far end of all the gardens.
So we have the fence at the end of our property which would normally be our back fence but we have a second fence three foot short of the end of the garden to make a corridor for access rather them walking through our garden.
Others in the row dont bother with this fence and just have gates in their side fences so someone walking along the back would have full access to the whole garden IYSWIM
Nick
And check in your deeds as it may state how wide the path needs to be, ours should (we assume) say 4 foot but says 4 meters - that could start a really interesting argument.
Wwas was, tring not to go down the legal route as that seems to money drown the drain but recognise the risk of not doing so. Cheers for the examples doh1nut and cb, the map in our deeds is circa industrial revolution so let's just say the boundaries are a bit vague....
I assume as a fence isn't a permanent structure it doesn't have any long term legal implications and from the research I've done you need to demonstrate that it's been used for the last twenty years, which it has, we've been here for 12 and the precious owners have for 18 all of which confirms use.
Is it worth asking for a letter from them to confirm that they do not intend to stop use of the path? Not sure what if any use it would be...
If you are on good terms with them then just ask for the letter for piece of mind or at least have the conversation and explain your concerns- it won't have much impact between you and him but could help if he moves out in the near future. It sounds quite relaxed at the moment and perhaps you end up with added privacy which is a bonus.