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Trying to find out who owns the pavement.

29 replies

TheOrigRights · 25/02/2022 06:56

I have a thread in property/DIY but now think I need legal advice.

An initial enquiry with a solicitor quoted £500-£700 plus VAT to look into it for me, which seems so high.

To summarise:
Courtyard of houses.
Unadopted land.
My Deeds show that I do not own the pavement outside my home.
My neighbour's deeds show all the pavement and car park area as part of her property.

How can I find out what this actually means?
I have lived here a long time. My neighbour is the 3rd occupant of that house since my time here. The 1st occupant got us all together, and we contributed a certain amount to put pea shingle down on the car park. The 2nd occupant didn't do anything, but I have since talked to her and she recalls there was something about that house needing to maintain the pavement and carpark.
The current occupant just shrugs and doesn't want to get involved at all.

Do solicitors have power to find out information that I can't find out myself?

OP posts:
TheOrigRights · 25/02/2022 08:52

@User76745333

So then you are one of the dominant owner of the right of way. If the neighbour won’t maintain it and there is nothing in their deeds obliging them to maintain it then you can maintain it (although it would be sensible clearly to let them know of your plans). It won’t make the land yours though and you mustn’t do anything to alter it for example making part of it look different or sectioning it off. Only fixing your bit can therefore be problematic
This sounds positive if I can establish for sure that this is the case. I have been fully open with my neighbour, right down to letting her know I would be seeking legal advice. She just shrugs and acts like she doesn't know why I would do that.

The pavement has sunk so just needs raising, I'm not about to turn my front into a tiny gated community or put ornamental fountains in it!

OP posts:
SolasAnla · 25/02/2022 09:08

TheOrigRights is the right of way listed in either Deed or
is it just that you have never been challenged or stopped from using your neighbours land to access your property?

TheOrigRights · 25/02/2022 11:22

@SolasAnla

TheOrigRights is the right of way listed in either Deed or is it just that you have never been challenged or stopped from using your neighbours land to access your property?
That's an interesting point. No one would be able to get into their homes if we did not access 'her land'.

We are a courtyard, with no front gardens, just a path that runs along the front (hers).

OP posts:
SolasAnla · 25/02/2022 13:39

That's an interesting point. No one would be able to get into their homes if we did not access 'her land'.

As I pointed out in your last thread without a ROW in the contracts this would be correct per the map you uploaded.

If you have not done so get a solicitor to look at both deeds to establish your deed or her deed provides for a ROW.

You could get the land owner to approve you employing someone who has the insurance and know-how to do the repair and get is signed off under a professional indemnity as meeting the current build standard.
Its likely you will have to do this anyway as the LO has no wish to pay for what you want done.

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