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Legal matters

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Shed on access path

70 replies

ItsNotAGameOfSubbuteoMatthew · 02/06/2020 12:36

In my deeds as a mid terrace I have side access (fenced path) up my neighbour's house, across the bottom of her garden (fenced off) and a gate through to my garden. Behind my neighbour's garden is my access path which is 10ft from his fence to the back fence. I would like to get a garden shed to put there which is long and thin (maybe 5ft by 8ft). It's in my deeds as mine and she has 2 sheds and a fence at the end of her garden so would completely block her view of my shed. I'm just not sure if I'm legally allowed to put a shed at the end of someone's garden (the shed would be up against the far fence not the neighbour's fence. The path would still be between the neighbour's sheds/fence and my shed. My garden is far too small for a shed itself.

OP posts:
Thread gallery
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IDontLikeMondays88 · 02/06/2020 12:39

Do you own the access path you intend to put the shed on.

If not, then no you can’t put a shed there.

ClaudiaWankleman · 02/06/2020 12:46

If you don't own it, you can't put the shed there.

Who owns the land you want to put the shed on?

GoldenBlue · 02/06/2020 13:22

If you right is for access you can freely pass but cannot place any object on the area if the land belongs to someone else

ItsNotAGameOfSubbuteoMatthew · 02/06/2020 15:58

It's marked in red on my deeds. Does that mean I own it?

OP posts:
Collaborate · 02/06/2020 16:33

Unless the red boundary is to denote a right of way then you own the path so can put a shed on it, but look at the permitted development regulations for height and apex etc.

IDontLikeMondays88 · 02/06/2020 17:45

Does anyone else have a right to use the access path?

LIZS · 02/06/2020 17:50

Is the path actually in your title deeds or just as a protected access route? Does your ndn need access along there (for bins etc) or another property have a right of access? Even if ndn is required to keep it clear only for you, it does not make it yours to claim.

ItsNotAGameOfSubbuteoMatthew · 02/06/2020 17:58

@IDontLikeMondays88

Does anyone else have a right to use the access path?
Not according to the deeds.
OP posts:
ItsNotAGameOfSubbuteoMatthew · 02/06/2020 17:59

@LIZS

Is the path actually in your title deeds or just as a protected access route? Does your ndn need access along there (for bins etc) or another property have a right of access? Even if ndn is required to keep it clear only for you, it does not make it yours to claim.
Next door neighbour doesn't need it for access to her house. End of garden neighbour has side access to his house too.
OP posts:
ItsNotAGameOfSubbuteoMatthew · 02/06/2020 18:10

Does this make it clearer?

Shed on access path
Shed on access path
OP posts:
Rhodri · 02/06/2020 18:17

Do you have the drawing OP? So we can see what’s edged in red?

Butterfly44 · 02/06/2020 18:37

Call the council planning department they will let you know exactly

Bluntness100 · 02/06/2020 18:55

That’s hard to read but doesn’t it say you can’t erect anything there?

thenamesarealltaken · 02/06/2020 18:56

You say you own the land so I'd speak to the neighbour and sort it out

ItsNotAGameOfSubbuteoMatthew · 02/06/2020 22:08

@Rhodri

Do you have the drawing OP? So we can see what’s edged in red?
I would be I'm afraid of being outed. Sorry!
OP posts:
Rhodri · 02/06/2020 22:31

Well nobody can really say if you own it or not without seeing the drawing. If you don’t own it then you can’t put a shed on it.

ItsNotAGameOfSubbuteoMatthew · 02/06/2020 23:15

Why would showing you the drawing say if I own it? All the text describes the ownership and I've explained that there's a line surrounding it the same as my house which is one house away from the path

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IDontLikeMondays88 · 02/06/2020 23:38

Your explanation isn’t thar clear without the drawing which is why people asking for a drawing. You should just get a solicitor to advise you if you are worried about being outed.
Planning dept won’t be able to advise. They advise on planning not legal matters.

Rhodri · 02/06/2020 23:48

The text you posted doesn’t say anything about access or a right of way. Basically you need to look at the drawing and see if you own that land or if your neighbour does. It might be helpful to look at your neighbours deed to confirm who owns what.

PawPawNoodle · 03/06/2020 01:26

I'm sure I'll be corrected by someone with more than my disdainful compulsory 4 modules on land law many moons ago, but it looks to me like you have a right of way ("right to pass and repass") although you refer to it being a 10ft space which is confusing as thats more than you'd normally get. How comes your garden is so small, by the way? A diagram would really have helped.

The bit you attached makes reference to the path being yellow on the plans which is usually a ROW path but you say it's outlined in red? Is there a legend on the deeds?

LIZS · 03/06/2020 07:21

No, if I've read that right it does not seem to relate to anything coloured red. The suggestion is that the path (indicated yellow/brown) would be access and maintenance cost shared. If so it does not exclusively belong to your property and you cannot build on it.

AJPTaylor · 03/06/2020 10:24

How is a plan going to out you? How many millions of terraced houses are there in the UK? ConfusedHmm

GeriGeranium · 03/06/2020 10:29

Nobody can advise you without seeing the drawing. If you really don’t want to post it, you’re going to have to pay to see a real life lawyer.

ItsNotAGameOfSubbuteoMatthew · 03/06/2020 14:05

The original copy had a brown coloured path which I mistook for dark red. This new one the path is yellow. No idea why.

The yellow path up the side of the garden is 1m wide. But when it turns the corner to the end of the garden it becomes 3m wide for some reason. The original low wire and concrete post remains can be seen at the corner and are in line with her existing wooden fence. Our other NDNs garden path is 1m along and across.

Shed on access path
OP posts:
dementedpixie · 03/06/2020 14:13

So where so you want to put the shed on that picture?