Boundary/ Right of Way - HELP!

[ZARy]

Hi everyone,

This is my first post so please be kind.

We are looking to put a 1m fence down our boundary line to the side of our house, but I'm not sure if we are able to do it because on our neighbours and our title deeds it states (exactly the same wording):

The land has the benefit of a right of way over the part of the side passageway not included in this title and together also with the rights of drainage through the sewers and drains under the land adjoining.

From the title plan, it looks like there was a fence/brick wall at one time due to the black line down the middle and you can see post marks in the concrete. We are currently having our part (within our boundary line) renovated as the concrete is old, looks awful and it's not safe for our little girl.

Are we able to put a small fence down the middle? Or is that a complete no no?

Any help would be greatly appreciated. As I said, please be kind. I'm looking for supportive responses to help us.

Thank you :-)

We're just giving this a bump for the OP.
We're also going to move it to chat.

Thank you Lily!

Awfully sorry to tell you, seeing as this is your first post but the MNers will want a diagram. Brace yourself...

Hi RedDiamond,

Thanks for the info. I actually had a diagram to add, but didn't attach it. I hope this helps.

Just out of interest, have you asked your neighbours if they mind at all? They may be happy with a boundary. If it is for access for sewers etc, then if it was concrete posts and fence panels that slide in and out, then surely that would not be a problem?

I am not an expert at all in boundaries (except when they apply to my own land) but I am hoping that someone who has knowledge will be along soon.

We have tried to speak to our neighbours, but they aren't the most approachable or understanding.
Its a shame as we are a nice family!👨‍👩‍👧

Is the right of way attached to your property OP?
Just trying to clarify.
So, YOU have right of way over neighbour's property?
Is that correct?

Both properties have a right of way over the whole passageway so therefore a fence would intrude on your neighbours right if way.

Ah. So "land" is referring to both properties.
Brahumbug has it.

But there was once a boundary between both houses. This is what is confusing.

Both properties have the same wording on the title deeds.

Have a gate?

Can you write to your neighbours telling them what you’d like to do and asking them to let you know if they don’t agree?

Are those little squares garages that were built later?
If so, perhaps it was changed to allow both parties vehicle access?

Thank you all for your replies.

So we have both removed the garages in our properties and replaced them with a gated fence.

The information from the deeds, by the looks of it was added when the property was built in the late 30s as there isn't a date.

I think Brahumbug's advice is still the right one in that case. Sorry.
What has happened is that the garages have gone, but the wording as to the right of access remains. I think you would need their agreement.

I’m not at all an expert, but could it mean that they only need access? Ie it’s ok to put something there as long as you still allow them to cross the boundary if needed.

I’m thinking about farmers where the public have a right of way but the farmer can put in a gate or stile.

You might be ok to put temporary things on your land, as they can be moved. So long thin planters with trellis and ivy for example. The neighbours would have the right to move them if they needed to but probably wouldn’t bother unless they had some renovations or repairs going on.

Also... have a look at other houses on the street and talk to some of your other neighbours as they are likely to have the same details in their deeds.

Basically it's a shared driveway in simple terms.

Thank you for this. Isn't shared driveways highlighted in different colours on the title plan?

Sounds like it might just be best to just not put something up although others down the road have - some quite high walls.

We will just renovate up to our boundary line which we are currently doing at the moment and forget about the fence. Just thought it would add the finishing touches, but I suppose its not the end of the world!

However, it does look like a boundary wall was installed even when garages were built.

Have you asked the solicitor who did the sale of the house?

Minty,

Will be my next port of call. It's not a big deal, but something we would like to do.