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Gardening & Landscaping

Access to right of way

Anonymous user 03/03/2024 - 3.24 PM

My neighbour has constructed an extension which has resulted in re-routing the access to the shared entry to the rear of our garden now which is fine. They are replacing the fence and gate which has had to be removed from our property however the new gate and access to the entry will now be where part of our lawned garden is. I am concerned about the access from our side of the garden now as previously it was via a paved patio with a low step, now the ground is higher and we need to walk over grass. Is it my neighbours responsibility to provide suitable access from our side due to the rerouting i.e. install a small pavement to get to the gate and install suitable steps rather than one large step down?

Are you a tradesperson and able to answer this question?

5 Answers

Anonymous user

Yes this is your neighbours responsibility to make you happy
Answered7 September 2019
1

ULTIMATE Property Maintenance

Rating: 4.9 out of 5
Luton
Before giving permission for this work to be carried out, speak to your local authority and probably an independent conveyance solicitor as there will be a protected covenant on your property identifying and defining where and what the “right of way” should be. Also, what is deemed suitable for 1 person may not be acceptable to another. Please also be aware that you as the freeholder have the responsibility to ensure the right if way is managed, so that anyone using it to gain access does not come to harm or endure suffering. (If someone slips on the grass and injures themselves then ultimately you or the freeholder would be deemed responsible). Access needs to be given as set out in the “Land Registry” but not at the detriment of any other party. The cost of this should be the responsibility of the freeholder applying to change the right of way and no other landowner. CAB may also be able to support and offer direction, but your local authority will be the key fact holder.
Answered7 September 2019
1

Margaretes Garden Design & Construction

Rating: 4.9 out of 5
Grantham
This is a complicated one as it depends on whether the re-route was agreed prior to change. If it was, then such aspects should have been discussed and agreed at that time. However, if it was agreed and the work was simply carried out then logically I would say the neighbour, if nothing more than as a goodwill gesture, should provide the suitable access. My advice is speak to citizens advice or local council for a legal answer.
Answered7 September 2019
0

Anonymous user

Look at the deeds two your property and then measure both gardens and then disscuss with your neighbour
Answered7 September 2019
0

Ace of Spades Gardens Ltd

Rating: 5 out of 5
Norwich
This should have been resolved within the planning application unless permitted development which I suspect this was not. Your deed shall indicate who owns what boundary. Access routes are within your deeds. Mediate with neighbour,if this is outside of the planning agreement and the deed its a mtter for a planning lawyer and then expense of re=instatement has to be agreed.
Answered7 September 2019
0