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Author Common access
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 11:56   View User's Profile U2U Member Reply With Quote

My neighbour has a right of access through my garden to get to hers (up/down flat with the garden split down the center from back of the building) she has had her garden landscaped & has built a 7 foot wide path (over 2meter's) & a fence around it...through my garden. I came home from work & hit the roof at the guy building it, said take that down now, thats my land - but he refused & said he was just carrying out his orders/doing his job & any dispute is between me, downstairs & the council I didnt have time to do anything about it then so its finished now!!

Does anyone know the laws of access & common paths etc

I'll get a pic up once I find out how to on this comp.
p4uls corsa
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Registered: 2nd May 05
Location: BRADFORD
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4th Aug 07 at 12:03   View User's Profile U2U Member Reply With Quote

if its on your property you can take it down i would have thought the right of access was just so she can go through your garden to access hers and not to do and changes to ur property

eg. she doesnt own any of your garden but is allowed to go though to acces her garden and you cant stop her from doing so
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 12:11   View User's Profile U2U Member Reply With Quote

This is what the done, my gardens to the outside, hers is inside.

Now they asked permission to build a path (footpath?) I agreed verbally - this is not a footpath!!



Robbo
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Registered: 6th Aug 02
Location: London
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4th Aug 07 at 12:35   View User's Profile U2U Member Reply With Quote

Not on BUT does it improve the property in your eyes?
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 12:38   View User's Profile U2U Member Reply With Quote

Not really Rob, I had just finished clearing my garden ready to build a 6ft fence all round before they jumped on my toes & built this!! Basically they have built that in my garden & its not what I had in mind at all!!

It might look ok but its on a meter+ of my land & possibly could cause problems when coming to sell??
Robbo
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Registered: 6th Aug 02
Location: London
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4th Aug 07 at 12:39   View User's Profile U2U Member Reply With Quote

Hmm, yeah see what you mean then... deffo talk to the council
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 12:41   View User's Profile U2U Member Reply With Quote

Going to visit the planning Dept next week, get them to inspect it!! Ive got a scale odnance survey map in my mortgage particulars which shows a 1m common path!!
C2RL R
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Registered: 28th Mar 02
Location: Redcliffe, QLD
User status: Offline
4th Aug 07 at 13:29   View User's Profile U2U Member Reply With Quote

can you label that drawing colin if you have time? i'm strugling to understand the situation.
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
User status: Offline
4th Aug 07 at 13:40   View User's Profile U2U Member Reply With Quote

What are you not understanding bud??



My garden is on the left with the slabbed area & the garden shed. I had an excavator a few weeks ago to flatten everything to build new fences & finish the job off.



Last week downstairs got in a team of landscapers who have jummped on my toes & built a fence down the middle (thats ok with me - saves me doing it!) but have also made a 2 metre wide path & continued the fence along that on my property!! Like so -



^ Thats what im not happy about!!

Also they basically used my garden as a building site in the process - this belongs to them -



They got it delivered to MY garden & have made a fucking mess

[Edited on 04-08-2007 by Colin]
rustyarchs
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Registered: 29th Aug 04
Location: scotland
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4th Aug 07 at 13:46   View User's Profile U2U Member Reply With Quote

christ she just claimed a whole lot of land
C2RL R
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Registered: 28th Mar 02
Location: Redcliffe, QLD
User status: Offline
4th Aug 07 at 13:46   View User's Profile U2U Member Reply With Quote

rite sorry mate just was a little confused. basically they only needed a pathway the width of that barrow to get access but they've taken all that instead? cunts.
rustyarchs
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Registered: 29th Aug 04
Location: scotland
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4th Aug 07 at 13:48   View User's Profile U2U Member Reply With Quote

wouldnt be so bad loking without the bit of fence there but if i ever came to view your house i would think straight away that it was her land

get her sorted mate
C2RL R
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Registered: 28th Mar 02
Location: Redcliffe, QLD
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4th Aug 07 at 13:49   View User's Profile U2U Member Reply With Quote

who do you report something like this to?
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 13:55   View User's Profile U2U Member Reply With Quote

I told the guy building it not to because he was on my land but he ignored me & done it anyway!!

I phoned the Citizens Advice Bureau & they said to go to council planning Dept.
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
User status: Offline
4th Aug 07 at 14:00   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by rustyarchs
wouldnt be so bad loking without the bit of fence there but if i ever came to view your house i would think straight away that it was her land

get her sorted mate


I was going to rip the lot down on Friday night but thought maybe I could get in bother then!!

So, im just going to finish doing my job (putting a fence round the rest of the garden) & wait for the nod from the council / courts to get that taken back down!
Colin
Member

Registered: 4th Apr 02
Location: Drives a hire car
User status: Offline
4th Aug 07 at 14:26   View User's Profile U2U Member Reply With Quote

Ordnance survey map of the area :



My property shaded black.
Downstairs property shaded grey.
Common ground white.

[Edited on 04-08-2007 by Colin]
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
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4th Aug 07 at 14:34   View Garage View User's Profile U2U Member Reply With Quote

Common ground which she has paid to tidy up? Doesn't sound like all that bad a deal tbh, apart from the size of it.


Corsa B lap belts required
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
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4th Aug 07 at 14:41   View User's Profile U2U Member Reply With Quote

Which is why I agreed to a path Ian...................thats not a path its a patio!!

Also the fence just should not be continued through my garden at all!!

[Edited on 04-08-2007 by Colin]
John
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Registered: 30th Jun 03
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4th Aug 07 at 14:45   View User's Profile U2U Member Reply With Quote

If thats in your property I take it there are no laws against you removing it tbh.
Colin
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Registered: 4th Apr 02
Location: Drives a hire car
User status: Offline
4th Aug 07 at 14:49   View User's Profile U2U Member Reply With Quote

Thats what im trying to find out, though ive been advised to do it via the proper channels!! eg - get council to inspect it!
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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4th Aug 07 at 15:29   View User's Profile U2U Member Reply With Quote

She is taking the piss a little there

Would look OK without the fence sectioning it off. If I were you I'd just remove what your not happy with and leave whatever you take up on her land so you cant be accused of getting rid of her property.
Colin
Member

Registered: 4th Apr 02
Location: Drives a hire car
User status: Offline
4th Aug 07 at 16:10   View User's Profile U2U Member Reply With Quote

New plan

Im going to build a 6 foot fence right around my garden, leave them a 1 meter access. If they dont like it they can go fuck themselves!!
--DAN--
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Registered: 3rd Feb 03
Location: Bottesford. Drives;3 Series
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5th Aug 07 at 06:22   View User's Profile U2U Member Reply With Quote

lol. do it!
GT4Brody
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Registered: 26th Sep 01
Location: south
User status: Offline
5th Aug 07 at 11:24   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Colin
New plan

Im going to build a 6 foot fence right around my garden, leave them a 1 meter access. If they dont like it they can go fuck themselves!!


might as well do this, they are taking the piss imo, workmanship looks good, cant see the point in that fence imo, gives her no privacy whatsoever! I would be well pissed off if they had taken some of my land and used m,y garden to store their building materials without permission.
Least if you put a high fence up you well have some privacy.
Fee
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Registered: 16th Nov 05
Location: With AK
User status: Offline
6th Aug 07 at 09:54   View User's Profile U2U Member Reply With Quote

Have you tried speaking to her? Maybe tell her that she has built on your land and so will need to remove it

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