shared access help us be fair

[vickibee]

This is an extract form our deeds, basically NDN has access over this shared piece of land. It is in a bad state of repair and we approached them nicely and asked if they would contribute to maintenance. They did not appear like they wanted to and immediately built a 10 foot high fence to block off their land from ours and said they didn't wish to use it anymore fair enough, So we asked them to relinquish their ROA but the didn't want to do this either. They are planning on building a rear extension so I am not sure how they are going to access the site. I want to be fair but at the same time they want their cake and eat it so to speak. It is written in flowery language but it does say share costs
AND ALSO RESERVING unto the Vendor his heirs and assigns owners for the time being of the said remaining portion of the said larger piece or parcel of land a right in common with the Purchaser her heirs and assigns at all times and for all purposes with or without vehicles and carriages from and to the Highway leading from A to B aforesaid over and across the strip or portion of land marked "Cart Road" on the said plan the said road to be kept in repair at the joint and equal expense of the Vendor and Purchaser and their respective heirs and assigns

Speak to an expert.

The good thing is that you don’t have to be fair as It looks like there is a clear legal obligation that they are unable to swerve even if they choose not to use the access. Suggest that you get a copy of their land registry entry as well (online for about £4) and check that the covenant which you’ve typed out is also included on their register - just worth checking the obligation has been properly passed onZ

Do they have planning permission to have a fence that high?

I didn't know you needed pp for a fence?
We approached them reasonably and showed them the extract above. I think it came as z bit if a shock to them do their solicitor must not have told them. I am not good with conflict and just want an amicable solution.

But is the extract from your title or theirs? It has to also be on theirs to be enforceable

Check their title - easily done at the land registry website.

Assuming it includes the same paragraph, they have to pay half the maintenance costs whether they use it or not.

If they want to get out of that obligation, they should enter into a deed of surrender formally giving up that easement, in which you agree that they no longer have to pay maintenance.

In that situation, I’d go to them and say this is the legal position, so could they have a think and decide which option they want to go with.

Thnx I will get a copy of their deeds too and take it from there

My only advice is really, really try not to fall out with them as that could damage your enjoyment of your home going forward.

Yes that is our biggest worry, we are trying really hard to keep things friendly.
Another option is he is a builder so could potentially do it himself so provide labour and we can pay for materials . So it would only cost his time. He has done a good job of laying a patio area in their garden.
We do feel like they have made their intention clear by building a prison like fence unfortunately.

Generally pp is needed for a fence over 6ft high.

"joint and equal expense of the Vendor and Purchaser"

Like other people have said, their deeds are what matter.
Also, not sure what this means (Seller and Buyer) but when the Seller has Sold, why is s(he) having to contribute equally...

These old deeds... get a solicitor, or maybe there's one on here, who's used to dealing with them, to translate, and make sure you get the next door's from the land registry (easy to do online)

I'm not sure but, to my reading, that may say that you have to keep it in good repair. Get a solicitor to look at both sets of deeds.

Positive covenants such as these aren't usually enforceable on future owners. This is one of the problems with English Land law and why you often see private roads in a terrible state of disrepair.

If the ROW was granted so that it was subject to them paying then you could possible rely on the benefit and burden principle.

You really need to take specialist advice where both titles are properly examined and the rights.explained to you.

It is pretty much impossible to do this from one paragraph of a document