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Who owns the pavement?

42 replies

TheOrigRights · 17/11/2021 08:33

I live in a terrace, in a small development.
The houses are 2 sides of a square, with car parking near each house and the rest of the square being the pavement and gravel.

I need some repairs to the pavement directly outside my house and am trying to find out who is responsible for this.
It's not Highways.

The title deed for one of the houses shows that the pavement and gravel bit 'belong' to her property. I am trying to find out what exactly this means in practice.
I have lived here a long time and a previous occupant of that house rallied us all to raise £ for new pea shingle.
It's definitely something to do with that property, but the occupant is unwilling to find out more.

I would be quite happy to just get on and fix the pavement myself, but if it's not my responsibility it may come back and bite me if I move or problems arise with it.

Can anyone advise what I can do?

OP posts:
MagpiePi · 17/11/2021 08:44

If another resident's details show that the pavement and gravel are part of her property then why wouldn't it be the same for yours too? If by Highways you mean the local council, then if they don't own the land they are not responsible for its maintenance as the individual householders are responsible for the bits in front of their properties. Look up unadopted roads.

Can you get a copy of your title deeds from Land Registry?

TheOrigRights · 17/11/2021 08:49

Maybe I didn't explain well.
I mean that her deeds show that ALL the pavements and gravel bit are part of her property. My deeds show my house, garden and car part spot ie that the pavement right outside my door is not 'mine'.

Yes, initially I wrote to the council/highways - and I added that info to my post so that people would know that I had already contacted them.

I will look up more information about unadopted roads, that's useful thanks.

OP posts:
tanstaafl · 17/11/2021 09:04

Is it a new development OP?

Do you pay a fee to an Estate management company?

Sure I’d read that it was becoming common that new estates are outside council care.

TheOrigRights · 17/11/2021 09:21

No, I have been here for years. No payments to any management.

OP posts:
Seeline · 17/11/2021 09:24

You need to see the written bit accompanying the plan of your neighbour's property. THat should set out what responsibilities go with ownership.

There is usually some kind of management company that all residents pay into to cover matters like maintenance. I've never seen 1 property be responsible for everything communal before.

SolasAnla · 17/11/2021 09:31

If this is correct

123
456
789

Your house is square2
Your neighbour A's square1
Your neighbour B's square3

Pavement is 456 owned by neighbour Y

Your house is land locked with or without a right of way to access it from neighbour Y's land.
Neighbour Y could fence in the land.

If 456 is owned by Y you need to understand what you bought before worrying about who pays for what.

SolasAnla · 17/11/2021 09:39

@Seeline

You need to see the written bit accompanying the plan of your neighbour's property. THat should set out what responsibilities go with ownership.

There is usually some kind of management company that all residents pay into to cover matters like maintenance. I've never seen 1 property be responsible for everything communal before.

Don't discount poor legal work by the builder where the property and pavement was part of the original block title which should have been titled away into 2 lots.
tanstaafl · 17/11/2021 09:39

@SolasAnla

If this is correct

123
456
789

Your house is square2
Your neighbour A's square1
Your neighbour B's square3

Pavement is 456 owned by neighbour Y

Your house is land locked with or without a right of way to access it from neighbour Y's land.
Neighbour Y could fence in the land.

If 456 is owned by Y you need to understand what you bought before worrying about who pays for what.

What?
Seeline · 17/11/2021 09:45

@SolasAnla

If this is correct

123
456
789

Your house is square2
Your neighbour A's square1
Your neighbour B's square3

Pavement is 456 owned by neighbour Y

Your house is land locked with or without a right of way to access it from neighbour Y's land.
Neighbour Y could fence in the land.

If 456 is owned by Y you need to understand what you bought before worrying about who pays for what.

OP - maybe a diagram would help....
TheOrigRights · 17/11/2021 09:46

@Seeline

You need to see the written bit accompanying the plan of your neighbour's property. THat should set out what responsibilities go with ownership.

There is usually some kind of management company that all residents pay into to cover matters like maintenance. I've never seen 1 property be responsible for everything communal before.

I have asked the neighbour and the previous occupants but neither have any more information. The current one is reluctant to try and find out. I want to be able to go to her and say "you need xyz doc, which you can get from [insert whoever]".

We do not have any management company. The homes were built mid 80s.

OP posts:
TheOrigRights · 17/11/2021 09:47

@SolasAnla

If this is correct

123
456
789

Your house is square2
Your neighbour A's square1
Your neighbour B's square3

Pavement is 456 owned by neighbour Y

Your house is land locked with or without a right of way to access it from neighbour Y's land.
Neighbour Y could fence in the land.

If 456 is owned by Y you need to understand what you bought before worrying about who pays for what.

I don't think that came out how you intended!
OP posts:
PenguinIce · 17/11/2021 09:56

Have you check at the Land Registry to see who the pavement is registered too?

TheOrigRights · 17/11/2021 09:59

OK. I'll do my best to explain.
I am number 9.
This doc is what my neighbour has for her property - number 7 (coloured in grey).
Ignore the line around 11 (I think that was her showing someone else something).
The vertical lines indicate what comes with her property.

The numbers 13, 12, 11, 10 & 9 are car park spaces. V = visitor space (that's a WHOLE other thread as you can imagine!).

Immediately to the right of the 9 parking space is the pavement outside my front door (narrow horizontal lines). The pavement which is apparently part of her property extends from the main road on the left, all the way round to number 7.
We all drive off the main road to our parking space.

Does that help?

Who owns the pavement?
OP posts:
TheOrigRights · 17/11/2021 10:00

It's not uploading the image...hang on.

OP posts:
TheOrigRights · 17/11/2021 10:01

Oh it's there!

OP posts:
SolasAnla · 17/11/2021 10:05

Ok the numbers were blocks of land but ignore

Can you access your property off a road owned by your LA without entering the property of your neighbour who owns the pavement in front of your home?

you do not own

TheOrigRights · 17/11/2021 10:08

I'm pretty sure it's not an issue of her OWNING that land - that would make no sense.
We all have to drive or walk over the gravel area to reach our homes.

OP posts:
SolasAnla · 17/11/2021 10:11

So from the map you can't drive a car into a parking space without crossing her land or access your front door from the public road either?

eurochick · 17/11/2021 10:12

7 could we'll own it. We live down a long driveway that leads to four houses. One of the houses owns the drive and the rest of us have access rights.

SolasAnla · 17/11/2021 10:15

@TheOrigRights

I'm pretty sure it's not an issue of her OWNING that land - that would make no sense. We all have to drive or walk over the gravel area to reach our homes.
Yes it is an issue. You can be prevented from trespassing on private propery. Google a ransom strip. She may decide to fence in her boundaries what to spend years in court and ££££ to resolve who wins?
TheOrigRights · 17/11/2021 10:18

I'm reading about unadopted land and I think this is it. I think my neighbour needs to find out, but she says she won't because she can't see the point in paying for a solicitor.

OP posts:
PeterPomegranate · 17/11/2021 10:20

My sister’s house is similar in that it was the builder’s house and they own part of the road too. You can get copies of your neighbours deeds from the Land Registry if you want to check.

I am not sure what you can do about them not maintaining though. Maybe speak to a solicitor. But you presumably want to keep an amicable relationship.

PeterPomegranate · 17/11/2021 10:21

Pretty sure in my sister’s case the neighbours have a right to use the road.

ellenpartridge · 17/11/2021 10:22

SolasAnla presumably if the neighbour does own the access land the OPs deeds will contain the relevant access easements. It's pretty unlikely to be a ransom strip.

OP you should download the title deeds and relevant docs for both yourself and your neighbour. Read through and hopefully you will be able to work out what the situation is.

If the neighbour owns the pavement it's likely there will also be maintenance covenants of some description and there may be an obligation to pay towards it. You need to read the docs. There's not a lot we can tell you without sight of the documents.

TheOrigRights · 17/11/2021 10:26

She says she doesn't have any more docs, as does the previous owner.

But I understand - w/o these docs there's not much I can do.

Of all these few neighbours she is the most annoying (gossipy and obstructive).

I just want to fix my pavement, that's all.

OP posts: