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Shared Private Access - New Build HELP

8 replies

EmJ123 · 15/08/2023 22:40

Looking for some advice!

I live on a new build estate - my house is 3 years old and is a semi-detached property (plot 146). My neighbours (to the right, plot 147) is also semi-detached and between our homes there is a ‘shared private foothpath’ which leads to both our back gardens and gates.

My neighbour has decided to build a conservatory on the back of his house, removing his back gate totally and he now uses a conservatory door as his ‘back gate’.

Issue no. 1 - Due to his new conservatory, he’s decided to store a bike, his general waste/recycle bins, food waste, dirty nappies in a waste bag, hose pipe ETC down the shared alleyway as he can no longer access his garden without dragging everything through his conservatory.

Issue no. 2 - The fence in which he piles everything against, I’d like to swap the position of my garden gate to this fence due to owning a motorbike so access to my garden would be easier, but I’m unsure who actually owns this ‘fence’.

I’ve popped a polite letter through the door, with my phone number asking him to remove his stuff - he just reorganised it and text me to say he’d sorted it. I text back, asking him to further move stuff and he removed 1 outdoor storage box, kept all waste/recycle bins there (as I said above, he’d have to drag his bins across his new porcelain conservatory floor to put them in his garden). But surely this isn’t my problem? He should of thought of bin storage/access before he built his conservatory?

Firstly, am I able to move the position of my gate and secondly, HOW do I tell him he needs to move everything! Hate confrontation. I’ve attached plans/pictures to aid, the black arrow is where I’d like to move my gate (unsure whether I can, but if not, this is fine, just want him to move his stuff).

Shared Private Access - New Build HELP
Shared Private Access - New Build HELP
Shared Private Access - New Build HELP
OP posts:
TheFlis12345 · 15/08/2023 22:47

Did your neighbour have planning permission for the conservatory? Where I live, you wouldn’t be allowed to put it up against the boundary like that.

Rollercoaster1920 · 15/08/2023 22:47

What easement is in your deeds for access over the shared path / access which is owned by plot 175. Where is 175? Odd that they own the path. What do their deeds say?

EmJ123 · 15/08/2023 23:03

Typo! Should be 147 I.E him. Confused how it says ownership of repair is with him but then says shared private access cannot be obstructed? If he ‘owns’ it, does that mean he is able to store whatever he wants in it?

OP posts:
EmJ123 · 15/08/2023 23:06

I wasn’t aware planning permission would be required for a conservatory? Although have just checked covenants and it says prior permission needed. Didn’t want to go down this route all I want is his crap removed and the alley kept clear🥲

Shared Private Access - New Build HELP
OP posts:
user1471530109 · 15/08/2023 23:11

Do you mean plot 145 is the neighbour? Otherwise I'm completely confused.

I'd be suggesting the buns go out the front of his house and I'd be taking the bike up daily to show why he can't be leaving them where he is on the shared path.

So you feel brave enough to speak to him face to face?

user1471530109 · 15/08/2023 23:12

The fence is shared. Both of you are responsible.

Fizzadora · 15/08/2023 23:19

This is a bit confusing as the plot to the right that you share a path with is plot 145 and you keep referring to plot 147.
It looks like the fence between the properties is shared so he has no more right to it than you do however you would probably need his agreement to put a gate there.
Conservatories usually fall under permitted development so don't need planning permission but new build properties generally have no, or very limited, permitted development rights.

Fizzadora · 15/08/2023 23:30

Just to add, the covenants on the building restrictions (if it's less than 5 years since it was built) and the clear access way are enforceable by the developer. You could approach them before reporting to the local planning department.

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