Shed on access path

[ItsNotAGameOfSubbuteoMatthew]

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.

Personally I would just stick a shed there OP. You don’t own the land but it’s unlikely that the land owner will notice or care.

@PolPotNoodle

*But the deeds explicitly say not to erect a fence at the front. It doesn't explicitly say 'and not erect any xyz on the land'.

My neighbour has never maintained the path ever. Quite the opposite! Her weeds grow from under her fence all over it.*

It says not to erect a fence etc at the front as this would stop you from having access to the path, not because you're entitled to place anything on the path. The deed tells you what you can do, so it doesn't need to tell you what you can't. Why are you not understanding that it is not your land? If you do not believe us then go and get proper legal advice from a solicitor.

If your neighbour isn't contributing to the maintenance of the path then this is a different matter and you should bring it up with her.

No it says not to erect a fence so all the frontages of the houses are wide and open. The fence refers to front fences between houses' driveways nothing to do with the side access path/fence. There is no visual boundary between any of the houses on our road. A postman can walk from front door to front door all along our driveways.

No it says not to erect a fence so all the frontages of the houses are wide and open. The fence refers to front fences between houses' driveways nothing to do with the side access path/fence. There is no visual boundary between any of the houses on our road. A postman can walk from front door to front door all along our driveways

Christ, so what? What does that have to do with the the path?

I've had a shared path issue with my neighbour too. We were the end terrace and they were the middle terrace. We only needed to use the first few metres of the path as our garden gate was on the side so they put up a gate and started using the path as a part of their garden. Actually they moved their existing gate.

The path was on our deeds as our responsibility to maintain so we didn't know what to do about it In the end we asked them to move the gate and all their bins and everything so we could paint our fences and they did and they didn't put it back. They started leaving all their wheelbarrows and bins on it again and then when we were selling we told them to move them so the viewers could look at the path if they wanted.

@LIZS

I'm surprised there is nothing on land registry even if it has been owned since new. There will be an obligation on whoever owns that land (probably ndn) to keep that area clear to a specified minimum width for access to your garden. We have similar obligation to keep a path 1m wide clear between our house and ndn for the benefit of them to access their garden. We own that land. Technically they cannot even place their bins there.

It will only be on the land registry site if there has been a transaction on that property since 1997, when the land registry records went digital. If you're selling a property that was bought before then and is mortgage free, you need to know where the paper deeds are! If it's still mortgages, the bank/building soc will still have them. That's why they used to advise you to pay all but a penny off the mortgage so that the bank had to keep the deeds safe.

@PolPotNoodle

No it says not to erect a fence so all the frontages of the houses are wide and open. The fence refers to front fences between houses' driveways nothing to do with the side access path/fence. There is no visual boundary between any of the houses on our road. A postman can walk from front door to front door all along our driveways

Christ, so what? What does that have to do with the the path?

Because YOU wrote It says not to erect a fence etc at the front as this would stop you from having access to the path, not because you're entitled to place anything on the path.

Yes, to make the point that if anything it was to ensure an access point remained since I didn't know your homes have open front lawns given that you've provided random snippets of your deeds which are barely legible as well as giving everyone information from two different sets of deeds without telling anyone you were doing so. It has nothing to do with the 3m space for which you have only the right to pass and repass and not to build your poxy shed. I give up, you're incredibly frustrating, I imagine because you've not heard what you want to hear. Put the shed up, don't put it up, I don't think anyone cares by this point.

Just because the deeds do not specify you cannot build on it does not mean you can! No fences etc is a falrly standard one for front gardens. If the land belongs to someone else their deeds will define the use. Why is it so hard to ask your ndn how that land is shown on their deeds and what is specified about allowing your access? if it were yours to use freely it would be shaded red on your deeds. If you did build a shed along this path or in front of the gate, how would you access your rear garden other than via the house.

Frankly, I can't read the document or map correctly.

It is unusual for a path crossing the back of your neighbours garden to be owned by you as the owner of the house. Although fenced off, that was probably done by them so they had privacy rather than people just walking past them when sitting out.

However, there is never a definitive. You need to ascertain from the deeds what that definitive is. I used to own a house with similar issues and was 100 years old but the boundaries shown on the deeds were clear. If there is a line around the path that link to your property then you own it and it is j likely anyone else has a right if access if no other properties further up the path.

Be careful though. As said I can't read the dead as blurred, but if there is any undeveloped land to the side of back of your house then the right of way may need to be maintained which if you out a shed there may block.

The obvious is to get legal advice but at several hundred pounds an hour that may be unrealistic. But laying shed bases if concrete etc can be £1000 and more to remove. Can you ask the company that did the original conveyancing? Also maybe ask the neighbour as well?

This is quite straightforward! Your property has a right of way over the land shaded yellow. It is irrelevant whether anyone else is for the time being using the access way or whether your neighbour maintains it. You do not own the land shaded yellow (if you did your property would not require the benefit of a right of way!) So you are not legally entitled to put a shed on the yellow land BUT you could ignore that, put one up and see if anyone objects!

The bulk of the title register text you've posted is illegible as it's blurred. But the section about not erecting a garage - does that apply to the land you have a right of access over? As there is only a right to pass and repass then you don't have the right to put a shed on it, as others have told you. You don't own that land. I don't see why a 9m by 5m garden is not big enough for a shed nor why putting one up will block your light. Put it to one side, preferably the side where it will have the least impact on your light. For example, you could get a Keter store it out type shed. You could get a storage bench or benches. All of these are lockable. It doesn't need to be a traditional wooden shed.

Is the concrete post the circular shape in the rear garden adjoining yours? If so I understand that your neighbour has fenced across from there, thus in the ground shortening her garden & widening the laneway at the rear of her property..? If that is correct, your neighbour owns some of what you describe as the wider piece of the laneway. She owns what is marked as her boundary on the map. Also yellow shading indicates a right of way for access only, You would not be legally entitled to erect a structure there. I didn't read the excerpt Deed as it was not v clear. If no-one else uses that laneway (at the rear) why don't you just speak with your neighbour & explain your thought process & intended use for this shed. Your garden looks plenty long though....why not just have the shed inside your own boundary?

@Rowantree2020

This is quite straightforward! Your property has a right of way over the land shaded yellow. It is irrelevant whether anyone else is for the time being using the access way or whether your neighbour maintains it. You do not own the land shaded yellow (if you did your property would not require the benefit of a right of way!) So you are not legally entitled to put a shed on the yellow land BUT you could ignore that, put one up and see if anyone objects!

This post is the one that makes the situation most clear to me. If I could do what I wanted with it then it wouldn't need to have a benefit of a right of way. I'm sure everyone else has been trying to be helpful but this post explains it in a way that makes sense to me.

And PLEASE those of you telling me my garden is big enough for a shed. I've explained why it's not. The 9m by 5m isn't all available to be used as a flat base for a shed! It's sloped hence the 2 levels. Plus established trees, bushes etc.

Thank you everyone for your contribution and @Rowantree2020 in particular for helping me understand.

BUT you could ignore that, put one up and see if anyone objects!
That really does sum it up in a nutshell
Essentially your neighbour is the only one likely to question it, so I suppose it's worth a shot as long as you're resigned to the possibility of being asked to remove it at some point.

Bloody hell OP - how many times did you have to be told the same thing before you got it!

What about a vegetable patch? I'm not building anything by the path (now!) but what about growing a few vegetables? Would that be legally allowed?

OP - it's not your land. You can't do anything with it legally. Blimey how many times!!!

For fucks sake. I’m sorry, this is a really frustrating thread.

It’s not your land. You can’t do anything at all on it, or to it, other than walk across it.

You cannot legally grow vegetables on it.

If you decide to go ahead and do it anyway, then be prepared that the legal owner could notice at any moment, and you could get into trouble.

Stop taking the piss OP.