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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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We live in a semi detatched house and our terraced house neighbours

Resolved Question:

We live in a semi detatched house and our terraced house neighbours own the stretch of land to the side of our house to which we have a right of way on the deeds. They are building a wood shed, made of pallets just off the path (and about 1 cm from our wall). It is a about a meter wide and stretches from the edge of the path to our wall. Although it is not on the path the deeds show the entire area as a right of way. This will leave us nowhere to store bins. Are they entitled to build here, or maybe more accurately place such a structure there, as I'm sure I was told this could not be done. They curently leave items such as ladders leaning against our wall. But if so - can they place it so close to our extrenal wall, as again I thought things needed to be a cetain distance from the wall to allow for repairs. This structure cannot be easily moved.
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
wingrovebuyer : Hello. Yes, they can build up to (but not attached to) your wall. However, if you have a full right of way over the whole patch of land, they cannot place any obstruction on it which impedes your rights. However, a court might feel that provided your right of way is still reasonably exercisable, there is not grounds to force the removal of the shed. Will you still be able to get access? With regard to your bins - do you have a right to store them on the land or is this just something you do?
Customer:

Thankyou. It is something we do as opposed to a right to store them. Can they rest the other items against the wall (eg ladders). The deeds refer to the accessway allowing us to "at all times hereafter but for footpassangers only and for all purposes to go pass and repass along and over the said path or accessway". The deeds show the area in blue which clearly covers the whole area, as it is a triangular shape against our wall (as our wall slants away from the path as you move along it). Does this make any difference.

wingrovebuyer : Not really, as if your access is not actually impeded a court would probably not accept the shed had to go. Whilst you may have rights over the whole of the land, the purpose behind one rights is not materially affected. However, they can't lean things against your wall. They have no right to do so.
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