I live in an end terrace house with a path that runs from the public footpath, along the side of my house and garden across the back of my garden to my neighbours garden. we have a gate joined to the rear of our house that allows access to our garden and we want to move this gate 10 feet further up the fence (my fence as per title plans) as part of a conservatory we want built. I mentioned this to my neighbour and at first he seems a bit put out this stating that I would need his permission as it s on the deeds. he then told me he was joking and that it was ok and he had no problem. I like to be sure so I have obtained copies of the title plan and TP1 document and confirmed that I own the path from the road to half way along my house and then he owns the rest. their is no mention of access to his land I can see but I have found the following paragraph in the TP1

“the right for the transferor and the owners registered proprietors lessees tenants or occupiers of the plots served thereby and its his or their invitees tom pass and repass at all times and the for all purposes connected with the use or occupation of such plots on foot only over and along the path or paths (to such extent as the same is included within the boundaries of the property) subject to such owners registered proprietors or lessees paying a fair proportion of the cost of maintaining and repairing the same.”

does any have any advice on what my rights are here as no mention is made of where gates can or cant be and I have crossing his land for the last 9 years to access my garden already.

bit worried about it so could really use some advise.

thanks

I am not a lawyer but…

Just to be clear you want to move the gate so that it opens on ‘his’ section of the path rather than ‘yours’ ?

I think that the piece that you quoted gives you access of his part of the path – although it seems that you have to carry your bike!

To be safe I’d get a lawyer’s view – whilst you and your neighbour may come to an amicable solution, things may change or he could move and the new neighbour may not be so forthcoming. Also conveyancing solicitors are getting more fussy these days so it may make things easier (and cheaper) when you come to sell if you have something formal in place.

thanks for the reply, the gate currently access my neighbours path already so there will be no change to the status quo just 10 foot further up my fence. will be getting some advise tomorrow.

thanks

Never mind the solicitors, have you consulted the taste police on the proposed ‘chav bubble’?

Love the ” chav bubble”, don’t fear it.

Not a solicitor, however just had something similiar with a neigbour who was being an arse.
Situation is the owner of the land is the subserviant party and the owner of the rights is the dominant party and as such has the upper hand (as the name implies)
So without express permission from the dominant party no changes are allowed to be made and as the solicitor said the first thing you should ask as dominant party is
“How much you willing to pay for the changes”
With both of you owning one half it makes changes mutual.
However knowing the law now I’d’consider selling him your half of the “moved path” which you have but in best place, then you will be the dominant party for the entire length of the path and changes in the future are in your control.

Get some advice, I have been advised.