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Do I reaaaally need to 'create boundary'

(3 Posts)
Russettbella1000 Mon 08-Jun-15 22:17:32

Hi I live in first floor flat, my neighbour downstairs in the ground floor.The property is end of terrace so we have a garden split by a path. Neighbour enters garden from her side door and has the right side, I enter garden from back door.

I'm hoping to get a section of decking built from the back wall of our property where my door is except on the plan this small section of path is a 'shared ordinary path'...

I know it's hard to understand from my description here & without seeing it but basically can I just go ahead with decking since the shared path will still exist/access is possible just will be decked??

I know I can get a boundary determined form for £90 but is this really necessary. The path is literally two metres and just leads to my door in other words is sort of redundant for neighbour....I think years ago there was an outside toilet there now bricked up which is why I suppose it was 'shared'...Neigbour fully supports the decking btw!!

Please any advice gratefully received...

Collaborate Tue 09-Jun-15 09:10:34

Are you worried that the neighbour might sell up and the new neighbour insist on getting back access to the 2m of path? You'd have to instruct a solicitor to vary the 2 leases if you wanted to avoid that.

Would the neighbour still have access to that part of the path (albeit it's under your decking)?

Russettbella1000 Wed 10-Jun-15 21:29:40

Hi yes neighbour would still be able to stand on path but my decking would be over it.....There used to be an outside loo here now bricked up which was why there was a shared path but it's useless now for my neighbour since it only leads to the fence and my back door...

Thank you for answering think I'm just going to go ahead as shared path just has a new surface IMO. ;0)

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