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Neighbour Blocking Access


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#46 DeadSquare

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Posted 06 September 2019 - 06:39 PM

 

 

 

I'm not sure if the pass and repass rules were written with cars in mind? It could be argued that as long as he can get thru there (be it on foot or horseback) then his access has not been impinged.

But again, I'm not there......

This could be a stumbling block. Where does it say for any vehicles? Is it actually classed as a road? Who put the garages up around there? I'm no expert just throwing it out there.

Read what it says in the deed;-

"............full right and liberty for the Purchaser and his successors in title and all other persons authorised by the Vendor from time to time and at all times hereafter and for all purposes to pass and repass over and along that portion of the backway coloured brown on the said plan and the side passage also coloured brown on the said plan ............"
Sorry to sound thick but does this mean for vehicles then?.

 

YES.           It doesn't restrict anything.  It says  ....."for all purposes"........, and that must include horse drawn as well as motor vehicles.

 

Very wisely, the deed does not have a list of permitted things;  it hasn't tried to envisage future inventions like a ride-on mower, moped or segway.  Bottled gas can be delivered or the hose of the central heating fuel lorry can be dragged along it to fill the tank at the bottom of the garden.



#47 pusb

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Posted 08 September 2019 - 06:58 PM

Well the council told me it would be a civil matter as its private land, so I went and spoke to the neighbour.

 

Turns out they've only put that fence there temporarily, as they are excavating out their garden to have it all at one level. They've always had the intention to put the fence back to the original position but just needed the extra room for now to allow them to dig the ground out.

 

They were apologetic and said if I desperately need to get around in the meantime they will remove the fence panels for me.

 

So thankfully all should be OK!



#48 DeadSquare

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Posted 08 September 2019 - 07:24 PM

Splendid news.



#49 Ethel

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Posted 09 September 2019 - 01:20 PM

It is, to be on the safe side find an excuse for access before it's been up a year. It's in the definition of regular access for one of the regulations that might apply, though I think it really fits next door's accessing their dodgy garage better.



#50 pusb

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Posted 09 September 2019 - 06:25 PM

For the purposes of security I've deleted the pictures of the deeds



#51 Carlos W

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Posted 10 September 2019 - 05:22 AM

Get it in writing from the neighbour




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