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james bruce
james bruce, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 5881
Experience:  Owner at James Bruce Solicitors
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I have a question about shared access pathways, England,

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Hello I have a question about shared access pathways
JA: What are you located? It matters because laws vary by location.
Customer: England, United Kingdom
JA: Has anything been filed or reported?
Customer: Non
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

How may I assist?

Customer: replied 9 days ago.
Hello, just to elaborate on my question, I am seeking advice on a dispute between a friend and her neighbour. She has given me permission to discuss this matter, however I will keep the details of those involved confidential as far as possible. The two houses (my friend and her neighbour’s) have a shared pathway which falls in front of the neighbour’s house and gives access to both properties. The neighbour has claimed that this is her property and she has ownership of it. The title deed for her property encompasses the pathway but does not define it in the plan. However, the plan given by the organisation which owned the land upon which the houses are situated (I will refer to them as X Homes Ltd), have provided my friend with a plan of the land, in which the shared pathway is shaded and clearly labelled as shared access. X Homes Ltd have now sold all the properties, however they have advise my friend that nothing should be placed on this pathway (as the neighbour has placed plant pots on there in order to obstruct my friend’s usage of the pathway). Please could you advise on the rights my friends have and whether her neighbour truly owns the pathway as she claims?

You would need to refer to the title deeds for both properties and see what is shown on both. The plans and the actual titles.

If one person owner the area of land and another needs to use it to gain entry, then there should be an easement listed on the title deeds granting this right of way.

Can I assist or clarify anything further?

Customer: replied 9 days ago.
I have the title deeds and plans for both properties, however it is difficult to decipher what the easements actually are in this context. This is because the land is owned by the local council, which was then sold to X Homes Ltd, which then sold each property individually (I.e. to my friend and her neighbour). For instance, both title deeds state “the said Deed also contains covenants”, without elaborating on what the covenants actually are. There is no reference to a right of way on either title deed, only to a “right of entry”.
Customer: replied 9 days ago.
By “the said Deed” I mean it is referring to a different deed within
Customer: replied 9 days ago.
Could you suggest anything else that could be done to seek clarification on this?

The right of entry may well be the covenant. A right to enter the path and property.

Otherwise, she may need to instruct a local conveyancing solicitor who can review all of the documents and follow the Chain of events and sales to see what covenant exist and to whom.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 9 days ago.
I understand, even the reference to a right of entry is unhelpful on the deeds as it refers to the right of entry being “annexed” to a different deed. I think I will take your advice and suggest that she contacts a local solicitor in order to seek further clarification. Thank you so much for your help.

your welcome, good luck.

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