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Shared Path Query

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merton69 | 14:18 Sat 30th Mar 2019 | Law
18 Answers
Hello All.

We have a shared path with our neighbour. Its three paving slabs long, one wide and then it splits to the two front doors with a porch wall in the split. In front of the porch wall, he places his wheelie bin so it covers his half (rightly so) but also covers my 'half'. This got in the way when my children used to get their bicycles out to play.
So after moving it to only cover his half (and talking to him about it) he kept on moving it back covering both 'halves'.
So I have erected a small 70inch by 80inch fench panel to help keep his bin off my half. Plus it also gets rid of the eyesore of his wheelie bins that cover all around his front door. His idea of gardening is the occasional cutting of the grass....nothing else. Weeds and ivy growing around his front door etc. That's the mentality of the neighbour.
Anyway he keeps bashing his green wheelie bin into my fence and is slowly damaging it. It is deliberately pushed into the fence distorting the shape and breaking it. Again, I have spoken to him about his attitude but is clealry ignoring the damage he is causing.
He says the panel shouldn't be there as it is a shared path. But if I remove it, he will only move his bin back over my half. So he doesn't want my fence, eventhough it's on my half but wants to position his bin that covers BOTH halves. He really is a petty man that is doing out of pure spite. His other bins are around his front door and he has to manouver to walk past them!
Where do I stand on this with the erection of the small fence that does not inconvience anybody.
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do you jointly own all the path or do you own half each? Do you both have right of way over all of the path?
Question Author
Hello Woofgang.

I am sorry but I don't have that information. Where will I find the answer to your questions please?
If we share, what is the answer?
If we own half each, what would be the answer?
Thanks for your time. ;)
Question Author
Hello All.

Can anyone answer my last reply please?

Thanks,
Sorry I can’t give you a definite answer, Merton. But, I’ve seen this before with a shared driveway. Basically you share the whole area. Any sensible person would only use the area immediately in front of their own property and leave the other half for their neighbour.
Some people are a-holes though and want to take as much as they can and annoy people.

You can pay a few pounds with the Land Registry to see the actual area you own. Available online.
nice post and thanks for sharing..
^^ I think we have a spammer in our midst...
-- answer removed --
Vikram has been practising his English for a couple of weeks now.

Sorry Merton, I hope you get this sorted out - what a pain.
The council will be able to inform you jointly own all the path or if you own half each and if you both have right of way over all of the path.
Question Author
Hello and thank you for those who answered appropriately.

But nobody has answered the what if's I answered earlier....just so I have some idea how both situations are concluded.

Thanks,
If its shared access neither can block it. He is wrong with bin but youre more wrong for fencing (permanent).

If both cant agree to live amicably, then Mag Crt will solve it. Before you take MC step remove your fence.
I think you need to start at land registry. Establish where the boundary is and whether the drive owned either side of boundary indivually with easements.

Spath - nonsense the council cannot advise. It's nothing to do with them whatsoever.

Tambo - magistrates have no jurisdiction in this. It will either be county court or high court.
Go to the Land Registry website (Sorry can't do links on my phone) and download the Register of Title. Should be £3.50.
Yes. Thank you, Mamy.
Question Author
Hello again.

Thank you for your answers and concerns.

When I get chance, I will go online and order my Registry Title.

Thanks!
Which is what I said at 20:10 yesterday.
Question Author
Easy Cloverjo, Blimey!

I still needed to know the full outcomes so I know how to approach this particular situation.
So your answer may have been helpful, but not totally helpful.

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