who should maintain access path

Ish

Ish

Ish

Associate
Joined
11 Jan 2006
Posts
1,815
Location
West Midlands
Hi

If you look at THIS pic you will see that at that marked in red is a path which gives access to the 'back gate' of about 6 houses. The path is accessed from the road.

This path is unusable at the moment as it is just full of overgrown weeds and rubbish.

My question is who should be mainaining this pathway and if the answer is the owners of the houses then what if they refuse to clean it?
 
Usually the last house on the path or drive owns the freehold with everyone else having access rights and everyone sharing the costs of maintenance.
 
its going to depend whats in the deeds and any covenants to the property. We have a similar access path shared by about 10 houses and there is a covenant on our properties telling us all we're liable for maintenance of the path.

Check your deeds and see if it mentions it - and maybe just have a friendly chat with the neighbours and see if they all want to pitch in and clear it together?
 
Make sure you do your homework - I know from personal experience when I cleared an area behind my first house (it had clearly not been done in many years and brambles etc were damaging my fence), the neighbour had a right hissy fit and threatened legal action that I'd trespassed.

Fortunately my deed showed that I was to have right of way at all times and that it was the neighbour's responsibility to keep this area clear as it was the alternate route from rear of properties so I had more course to take legal action than they did (I'd taken pictures).

If you're not sure then why not ask neighbours? Perhaps a few of you could clear it out once every now and then - nice way to get to know the people you live next too as well.
 
It's completely down to what your deeds say. I have a pathway that is within the demise of my property but there is a right of access over it for next door to gain access to their property. As a result I need to keep it maintained and clear at all times, I also tend to ensure it is gritted and free from snow etc.
 
I found this in the deeds but I don't understand exactly what it's saying?


2 The land has the benefit of the following rights granted by a
Conveyance of the land in this title dated 26 October 1964 made between
(1) Leslie Burnett and (2) Reginald Davey and Ronald Davey
(Purchasers):-
"Together with the right of user of the party passage shown on the said
plan thereon coloured blue the Purchasers paying a proportionate part
of the expense of keeping the same in repair Together Also with the
right of user of the existing party drains and water services on
payment of a proportionate part of the expense of keeping the same now
in repair".
NOTE: The party passage referred to above has been tinted brown on the
filed plan.
 
Last edited:
Probably means you have to pay for the upkeep of the passageway. Who to I don't know.

Is it the same in the neighbour's deeds?

My deeds mention paying some shillings for the sewer, I don't pay no shillings but my turds still flow away nicely.
 
I'd just go and clear it one Saturday afternoon and see how many of your neighbours come and talk to you about it, half of them probably have the same curiosity/need as you and will probably pitch in to help. those that don't probably won't no matter what you do!
 
Ish said:
I found this in the deeds but I don't understand exactly what it's saying?


2 The land has the benefit of the following rights granted by a
Conveyance of the land in this title dated 26 October 1964 made between
(1) Leslie Burnett and (2) Reginald Davey and Ronald Davey
(Purchasers):-
"Together with the right of user of the party passage shown on the said
plan thereon coloured blue the Purchasers paying a proportionate part
of the expense of keeping the same in repair Together Also with the
right of user of the existing party drains and water services on
payment of a proportionate part of the expense of keeping the same now
in repair".
NOTE: The party passage referred to above has been tinted brown on the
filed plan.
Click to expand...


Pretty much means you are partly responsible for upkeep and repair of the access path. Its quite likely all the properties sharing the path have the same clause.

Just go talk to the neighbours about it, or at least the ones between your property and the access point at least - who knows, they may all pitch in and help
 
It sounds much more like the usual situation: that all the people whose properties adjoin the path are jointly liable for maintaining it. This often applies to things like drains, which pass through several properties. One person can (say) clear the path, then apply to evenly split the cost between all the affected properties.

However...

What I have never found out is what happens if one or more of the affected properties says that they are not paying. Where I used to live the drain under our gardens sometimes flooded. The person worst affected would call Dynorod, and we would split the bill. Similarly, the road that ran up the side of my house was a shared access road. In my deeds, I owned it. That meant I was liable for upkeep, but in theory at least, everyone who had a garage or parking space which was accessed by that road was liable for an equitable share of the costs involved. Luckily, I never needed to repair it.
 
Do you actually want the local scummers getting easy access to your back gates, with a fast escape route if they get caught ? A bit of creative neglect is probably making your properties more secure.
 
Meridian said:
It sounds much more like the usual situation: that all the people whose properties adjoin the path are jointly liable for maintaining it. This often applies to things like drains, which pass through several properties. One person can (say) clear the path, then apply to evenly split the cost between all the affected properties.

However...

What I have never found out is what happens if one or more of the affected properties says that they are not paying. Where I used to live the drain under our gardens sometimes flooded. The person worst affected would call Dynorod, and we would split the bill. Similarly, the road that ran up the side of my house was a shared access road. In my deeds, I owned it. That meant I was liable for upkeep, but in theory at least, everyone who had a garage or parking space which was accessed by that road was liable for an equitable share of the costs involved. Luckily, I never needed to repair it.
Click to expand...


What happens is lawyers get a better retirement and neighbors make enemies.
 
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