shared amenities

[mattbrock88]

Good morning, i am having a problem with my neighbour and a shared pathway. we live in a row of 3 ex council houses. im on one end and a home owner, the middle is privately owned and the end is a acis tenant. on my deed plan from 1991 there is a shared amenity pathway round the back of all 3 properties through the gardens. i cut the grass of the council tenant as she struggles. i use to go across the front of the properties as it is open where as the back is gated on all the gardens. the middle owner has become awkward and said i cant go across her front. which leaves me no option than to go through the back. she has now blocked that and is saying only she can go through the back gardens as she is the middle house and we can go through hers. although my deed shows it is a shared path. can anyone advise ?

[atticus]

can you please post your Land Registry title document, suitably redacted. We need to see exactly what it says about this "shared path".

[mattbrock88]

Official Copy (Conveyance) 28.10.1991 - LL75298.pdf

[atticus]

Thank you. But do you have the Land Registry title document?

[mattbrock88]

im not sure what you are asking me for, this is all i have Official Copy (Register) - LL75298 3.pdf Official Copy (Title Plan) - LL75298.pdf

[atticus]

The First Schedule to the conveyance shows only that the land is sold with the benefit of the easements and rights granted by s62 Law of Property Act 1925: https://www.legislation.gov.uk/ukpga.../20/section/62 and Schedule 6 Housing Act 1985: https://www.legislation.gov.uk/ukpga/1985/68/schedule/6. This is repeated in your Land registry entries.

This is not helpful to you. Nothing in the conveyance wording specifically mentions that your property benefits from a right of way over this path, even though it is shown in the plan attached to the conveyance.

There is, however, a right of way over your land for the benefit of no 9 High Street, but nothing in these documents gives no 7 the right to use the path over nos. 9 and (presumably) 11.

What enquiries did your solicitors make when you bought your property in 2023, and what information was provided to them? Hopefully they provided a Report on Title which covers this.

[mattbrock88]

so am i wrong in saying there is access across the back for all properties ? is there anyway i can actually find out this info. as the plan clearly shows " shared amenities" and also does the owner of no. 9 have to contribute to the upkeep of said pathway by means of repair/maintenance ??

[atticus]

Sorry, but that is not what the documents you have provided say.

They make no mention of contribution to upkeep.

[Pezza54]

Is that correct Atticus?
Fourth Schedule (a) appears to cover occupiers of neighbouring premises using common ways paying a reasonable amount towards their upkeep

[atticus]

Actually, there is a provision for contribution to ukpeep of the path over no 7 in Schedule 3(d).

Schedule 4 contains obligations on the owner of the OP's land: see clause 2(ii) of the conveyance itself (before the schedules)

[Pezza54]

So the lady at no 9 is allowing the occupiers of no 11 to go across her front but refusing OP access this way. There is no mention in the deeds for OP to permit no 11 (just no 9) to use the path at the rear of his property.
All very confusing and probably a nightmare if it comes to who contributes what for the upkeep of the right of way

Is there not a public right of way across the front of no 9 to reach the front door of no 11 and the hatched path at the side of no 11?

[Pezza54]

I have just seen the problem. OP would have to take their lawnmower up steep steps at the front of no 11 to access the rear garden of no 11
Although there is a gate between the front gardens of 9 and 11 (which would avoid the steps) the lady is refusing OP access this way

It does appear the right of way at the rear now passes through trees/shrubs in the garden of no 9

[atticus]

The question may be whether No 11 has the benefit of a right of way over no 7 and no 9 for its owners and their visitors. If so, it may be possible for the council to enforce that so that the OP can visit no 11 with his mower.