Thanks for getting back to me.
I will need your help further as sending the documents was only to allow us to engage a little better and understand the issue eg, the fact the pathways are not shown on the Title Register or the Lease Layout Plan.
I will reply positively now and will engage with you hopefully this evening.
FYI the following is a letter which I have sent to our freeholder today, also trying to help clarify matter. The following maybe useful for yourself to understand also:-
I refer to our above property and am writing in order to clarify the status (ownership, rights, etc) of the pathways at the front and rear of the property, and which are unfortunately not marked on the Title Deeds and Leasehold plans.
We need clarity from you, the freeholder, as we have understandably always believed, and commonsense and logic would tell you, that the pathway areas and gates, which have been in place for years, would be shared between the lower and first floor flats. This however is not the view point of our downstairs neighbour Mr Thomas (182).
Mr Thomas says the pathways are not shared and the land on the rear pathway is owned by him. He has then proceeded on this basis, to remove the boundary fencing on the rear pathway, which opens up his back garden and means we now walk through the path in his open garden, with our loss of privacy, in order to reach our rear garden. He has also requested us to remove our bins which are stored behind the rear gate (gate which he also says he owns), as he says this is his land which he wants to cordon off and use for his purposes.
We have spoken to Mr Thomas on the matter and it would appear his behaviour and actions are a result of being denied planning permission for an extension to his property. He wants to increase his so called amenity space and says he has the right to do so.
By the way, we paid for the whole pathway to be re-paved in 2006.
What has occurred does not seem right and you can understand why we need clarity on our leasehold agreement and for Mr Thomas to also be clear as to the true position regarding the lease.
I am more than happy to be available should you wish to visit the property.
Look forward to hearing from you.
Please send me a message on Justanswer so we can continue.