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    Can anyone give me a bit of (semi-legal) advice please ?

    Ok, so i live in a house which has a walkway thing to the back of the house.
    This is communal with next door - when i bought the house we were told that the previous occupants and neighbours had paid half each to have a door erected, thus preventing anyone walking to the back of the house without a key basically.
    Was put there for security.
    New neighbours say they are going to pull it down as they don't like it, i say nay chance! Where legally do i stand on this? anyone know??
    thanks ggp

    22 Comments

    Original Poster

    anyone??

    check the title documents to see what the exact position is over the ownership of the land. Probably shared but best to clarify

    check if there is any documentation from when the door was erected, really both sets of owners should have recorded it and any terms (e.g. maintenance and removal etc)

    I very much doubt that they will be able to just remove the door without your consent. They must have bought the property with notice of the door and the communal area so unless you consent they should not remove the door

    I'm no legal expert but there should be something in the deeds about the walkway/path, especially if the previous occupants owned the property. Things like should really be listed in the deeds because you're buying the property with secure doorway etc. Don't know if it would have needed planning permission or something from the council so should be on record somewhere, like when someone knocks down a wall to put a kitchen in or whatever they have to have planning permission and there should be paperwork with the sale of the house. Have a look at the deeds you signed.

    I would suggest you need to look carefully at the part of your paperwork that talks about the communal area.

    I would think if it states that any work done on the area needs agreement by both parties then you are in the stronger position.

    However if it describes the area pre-door then you may be on a loser if there is no paperwork about the agreement on the door.

    Whatever you do I would record the situation.

    Take pictures of the area including the door.

    take notes of the conversations you have with them about it.


    Possibly send a recorded letter (you should really get proper legal advice / CAB before doing this) stating your view that no changes should be made.

    We had a shared drive between our house and the one next door. However we each own half of the drive so neither of us can do anything to each others half without permission, while any work to our own half has to maintain access to the back of the house.

    This is highly unlikely held in the title register. I doubt very much planning permission was made.

    I would obtain the register anyway just to be sure, then seek legal advice.

    Original Poster

    roryk83

    check the title documents to see what the exact position is over the … check the title documents to see what the exact position is over the ownership of the land. Probably shared but best to clarifycheck if there is any documentation from when the door was erected, really both sets of owners should have recorded it and any terms (e.g. maintenance and removal etc)I very much doubt that they will be able to just remove the door without your consent. They must have bought the property with notice of the door and the communal area so unless you consent they should not remove the door




    There's no mention of the door in the deeds or any documentation relating to it, however when we (and indeed next door) bought the properties the door was present, and the walkway is jointly owned as stated in the deeds. Just wanted a little clarification before i go and have an arguement lol!
    Thanks

    Why not have a chat with the neighbours?
    It seems to me they cannot take it down without your permission but you cannot leave it there without their permission.

    Original Poster

    kaks26

    I'm no legal expert but there should be something in the deeds about the … I'm no legal expert but there should be something in the deeds about the walkway/path, especially if the previous occupants owned the property. Things like should really be listed in the deeds because you're buying the property with secure doorway etc. Don't know if it would have needed planning permission or something from the council so should be on record somewhere, like when someone knocks down a wall to put a kitchen in or whatever they have to have planning permission and there should be paperwork with the sale of the house. Have a look at the deeds you signed.



    Thanks, but nothing mentioned there.

    The Fox

    Why not have a chat with the neighbours? It seems to me they cannot take … Why not have a chat with the neighbours? It seems to me they cannot take it down without your permission but you cannot leave it there without their permission.



    I would say if there is a dispute the status quo of door installed should win out.

    Right then, if theres no mention of the erection of the door anywhere the position is that as it is shared land (presumably) both parties are entitled to a Right of Way over it, however either party is entitled to erect a gate etc with a lock providing that they provide the other tenant with a key, as long as they cannot claim that the gate is obstructing their right of way they are not entitled to remove the gate and you should seek legal advice if they attempt to do so

    Banned

    if you both own the land, then just say you paid for it to be erected so want £200 if they want to bring it down

    the mind boggles why they want it down - these walkways are a burglars dream!

    Plum

    I would say if there is a dispute the status quo of door installed should … I would say if there is a dispute the status quo of door installed should win out.



    If you leave the door there against their wishes you are denying them access to their property (via the back door)

    Original Poster

    roryk83

    Right then, if theres no mention of the erection of the door anywhere the … Right then, if theres no mention of the erection of the door anywhere the position is that as it is shared land (presumably) both parties are entitled to a Right of Way over it, however either party is entitled to erect a gate etc with a lock providing that they provide the other tenant with a key, as long as they cannot claim that the gate is obstructing their right of way they are not entitled to remove the gate and you should seek legal advice if they attempt to do so



    We both have keys to it, i just think they see it as an inconvenience, i see it as an extra security measure!
    Thanks for all your help guys (smiley face)

    Banned

    Where it is?

    I'll come round and smash some faces in if you want? You up Hallcroft brethren?

    Original Poster

    no lol, much posher than that!

    Banned

    geegee-pinata

    no lol, much posher than that!



    spittal hill massive hah. my ex was from hallcroft but a posher bit :P

    The Fox

    If you leave the door there against their wishes you are denying them … If you leave the door there against their wishes you are denying them access to their property (via the back door)



    not at all, There are probably hundreds of thousands of rights of way in this country and a huge proportion of them are gated. A hinged gate or door with key is no obstruction merely an indication to those without a right of way, to keep out.

    Original Poster

    vibeone

    quote]spittal hill massive hah. my ex was from hallcroft but a posher bit … quote]spittal hill massive hah. my ex was from hallcroft but a posher bit :P



    Ewww nope. Scary place that!

    Maybe they don't like it as they forget to take the key, or have kids who forget the key. We had one of these gates at my last house and we had the lock changed to a key pad for that reason. You could offer them that as an alternative.

    Original Poster

    agnes

    Maybe they don't like it as they forget to take the key, or have kids who … Maybe they don't like it as they forget to take the key, or have kids who forget the key. We had one of these gates at my last house and we had the lock changed to a key pad for that reason. You could offer them that as an alternative.



    Ooh, good idea - might try that one thanks

    geegee-pinata

    Ooh, good idea - might try that one thanks



    Yeah that is a really good suggestion, and as csiman said why on earth they want to remove it is very weird - as the extra security you get with having it is brilliant.

    It all depends on whether it is registered i think
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