• Rights Of Way

    By Guest on 09th Sep 2015

    My property was sold to the previous owner on a right to buy from the council. The neighbouring land is still council owned. My neighbour uses a part of my property to access in and out of her property.. which they claim is a path and I claim it's not and just a part of my driveway. This 'path' is not in the middle of the properties as such it falls entirely onto my side - so she comes onto my land and then side steps on to hers. She could easily have similar access on her property of they cut down the hedge or part of the hedge. She has a frontage.. the only thing that is locking her down is the hedge. But the council will not do the work as it's not as part of their budget.. I offered to pay for it as she is an elderly lady - but then they argue back saying that - who will be responsible for the maintenance. I said well we can have the deeds changed so that the responsibility can fall on my land and the next owner in the future. They keep sticking to the same rule abt schedule one - abt me having to give access as it's on my title - and not understanding that yes I have aknowledged that and now it is time to do something regarding that easement. I imagine that all their properties are actually covered by the same law.. Everyone else seems to have been able to build a wall and separate their properties. BUT because my neighbour has a hedge and she doesn't want to cut it down and the council won't they are fobbing me off. Servient land should be able to enjoy their property too - BUT here I am stressed all the time.. This is very unfair considering my paperwork and the surveyors report did not mention this - My title plan showed no right of way. We have identical frontages.. and she can have the hedge removed. Once I build a wall she will not be able to access out of her premises unless she has the hedge cut down and removed. I feel like just putting the wall up considering that the council are sending me in circles.

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