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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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States clearly on the deeds of our property, is a covenant

Resolved Question:

Stated clearly on the deeds of our property, is a covenant that allows our neighbours free and 'unfettered' access in using the path that runs between the two houses from  the  pavement  at  the  front. This path is actually on our property (within the boundary ) and the only means of access to our front door -  which  is  actually  on  the  side  of  our  house ,  it  is  also the only external access to our neighbours back garden. The neighbour's property is owned by the local housing association - we own our house. It is our wish to generally improve /update the path which is concrete and cracked in a couple of areas. We would like to have a stone slabbed path with small pebbles at the edges and in between the slabs. Having consulted with a builder we are informed that this can be achieved without too much disruption and that  the level of the path will be slightly higher than at present,  therefore  it is necessary to be aware and mindful of the potential for trip hazard.  We will ensure that refurbishment of the path is carried out professionally and that it is level with the pavement where it joins the pavement - ( as is the situation at present ). Do we need to /are we obliged to inform or ?ask the the housing association of our intentions .... Regards.

Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You are what in law is known as the servient tenement and as the path is on your land, you are entitled to improve/update it as long as you do provide your neighbour with a diversion on your land which they can use while your path is being improved.

You do not need to ask or wait for approval in this case.

May I help further?
Customer: replied 3 years ago.

Hello , thank you for the information already provided. I feel that the following may be relevant; The Housing association has in the past ( 5 years ago ) written a letter of complaint to us regarding potted shrubs placed down the side of the path . They had at that time had a change of tenancy in the their house and the new /current tenant had voiced that they didn't want the pots to be there. It would seem that 'someone' from the housing association had given this new tenant information suggesting that the path is a shared pathway between the two properties - discussions between ourselves and the housing association took place and a 'site' visit was made by someone from the housing association to determine the situation. On viewing the circumstances it was agreed that there were not any access problems and the pots have remained. However mention was made in a letter that followed shortly after suggesting that should any maintenance be required on the path that they might be willing to contribute.... We not wish to involve the Housing association and feel that if we did ask for any help from them that it could detrimental to our situation in the future. Can you advise on this please.

Expert:  UKSolicitorJA replied 3 years ago.
As the works are improvements, the HA is not required to contribute unless it really wishes to.

All the best -please leave feedback for the answers given.
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