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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10975
Experience:  Barrister 17 years experience
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My neighbour is making plans to demolish part of the boundary

Customer Question

my neighbour is making plans to demolish part of the boundary wall, with the proposal that we have a "shared pathway" . The wall has ben in place for over 20 years or more, but he has in the last 10 years built an extension to the house which has limited his access to the rear of the property. We have recently built an extension ( we made provision for access ) with a glass roof and doors and we are concerned about security, our neighbour is also a ' border: and we have concerns with regard to maintenance and control of any shared space
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, you need to realise that you have full discretion as to whether you wish to accept your neighbour's proposal to demolish the boundary wall and create a "shared pathway". This applies both now and in the future should you agree to this notion of a "shared pathway". This is because a property owner always has the right to erect a fence along the boundary line between two properties in legal terms. So even if you agree to this "shared pathway" you can always re-erect a fence lawfully along the boundary line. 2. Maintenance and control of any shared pathway will ensure to each owner up to the midpoint line of the "shared pathway" unless an agreement is drawn up to give each owner some shared rights over all the pathway. So if you can concerned about the maintenance and control of this "shared pathway" then you should draw up some agreement in relation to how it will be maintained and dealt with by you both. If you do draw up some agreement, then the issue of security can also be dealt with in this agreement.