A small wall, a shared space and a tough landlord

[TomB]

 

Hi, 

 

I was wondering if I could get some information, advice and guidance on the below issue. I am living at the house of 26 Oxford Street and I am keen to change the property for the better at the front. Sadly, the ground area leading into both doors is unsightly and is made with tarmac, cracked and looking rubbish. I am keen to change this area with a blue brick floor or something better to make new, open to ideas but I am looking to do this as a piece of work to make both properties look better. The landlord of number 24 is refusing to do this on a shared invoice as he feels it is not needed and is expensive, sadly not wishing to put his hand in his pocket from correspondence and delaying since August last year. I doubt he will budge. 

 

So, now I am thinking that I need to potentially change the area within my own deeds for my own Ibenefit. This would mean creating a small wall similar to the house next door and then building a wall/gate section. The landlord has advised I can not do this as we are sharing the area. I am aware I can do as I wish within my own deeds having checked the land registry but this then would create a small space for the next door neighbour to walk through, as we are on good terms with the residents I am unsure what is best to proceed with regulations. I am aware that within reason I can work within my own area and can create as I wish but I do not wish to make issues for the tenant and the landlord will then say that I have blocked the entrance to the front garden with a one skim wall. 

 

Any thoughts, ideas or feelings about this ? I have spoken to the local authority who have advised I can build a wall up to 1 metre however actually by doing this we are creating a smaller space and in doing so it makes no sense, the landlord probably can then cause an issue. Something I want to not happen and I'd rather co-operate with him on. 

 

T

Edited May 19, 2020 by TomB
spelling

[Temp]

Ok so the issue is the shared gap in the wall. The neighbour may have acquired some sort of right of access over a small part of your land by continual use over the years (and you over his).

 

In a sane world he would agree to you doing what you want on the basis that you widen both openings (or just his and move yours) and you both agree to extinguish each others access rights. Point out that resolving the issue rather than creating a formal dispute over access rights would boost the value of his property as well.

 

If he won't agree to that I suggest you get some sort of legal opinion as to if a right of access exists. Perhaps it doesn't.

 

Failing that perhaps stop your new dividing wall a meter short of the gap preserving his ability to use the full width of the opening.

 

An alternative might be a curb or edging instead of a 1m high wall? That could go all the way to the front as it would still allows his access over it.

[Temp]

44 minutes ago, TomB said:

I have spoken to the local authority who have advised I can build a wall up to 1 metre

 

Be careful, they are saying you could erect a 1m high wall without needing planning permission. 

 

However planning permission does not trump other issues like any right of access he may have over that tiny bit by the entrance. It's possible to get planning permission to build on land you do not own, but that doesn't mean you can build without the land owners permission. Sorry if that's obvious.

 

 

[TomB]

Thanks Temp, it's interesting as all of the other properties on the road do not have this set up - all have been split to the individual homes. Some good points here. 

 

To your second point, yes that is obvious and seems fair in the grand scheme of things. 

[Ferdinand]

Have you checked the deeds for the other house, and what rights that gives them over your land?

 

eg Right to walk on your half of the path. 

[Carrerahill]

1 hour ago, TomB said:

 

 

Hi, 

 

I was wondering if I could get some information, advice and guidance on the below issue. I am living at the house of 26 Oxford Street and I am keen to change the property for the better at the front. Sadly, the ground area leading into both doors is unsightly and is made with tarmac, cracked and looking rubbish. I am keen to change this area with a blue brick floor or something better to make new, open to ideas but I am looking to do this as a piece of work to make both properties look better. The landlord of number 24 is refusing to do this on a shared invoice as he feels it is not needed and is expensive, sadly not wishing to put his hand in his pocket from correspondence and delaying since August last year. I doubt he will budge. 

 

So, now I am thinking that I need to potentially change the area within my own deeds for my own Ibenefit. This would mean creating a small wall similar to the house next door and then building a wall/gate section. The landlord has advised I can not do this as we are sharing the area. I am aware I can do as I wish within my own deeds having checked the land registry but this then would create a small space for the next door neighbour to walk through, as we are on good terms with the residents I am unsure what is best to proceed with regulations. I am aware that within reason I can work within my own area and can create as I wish but I do not wish to make issues for the tenant and the landlord will then say that I have blocked the entrance to the front garden with a one skim wall. 

 

Any thoughts, ideas or feelings about this ? I have spoken to the local authority who have advised I can build a wall up to 1 metre however actually by doing this we are creating a smaller space and in doing so it makes no sense, the landlord probably can then cause an issue. Something I want to not happen and I'd rather co-operate with him on. 

 

T

I'd look into this, I don't think next door have any right to do anything on or with your front garden other than a right of way, in which case as long as you leave them access you can do what you want.

 

I'd check all the details but I'd not have thought it was a "shared space".

 

That said can you not just redo your garden and leave your neighbours with the ability to use your path?

 

Edited May 19, 2020 by Carrerahill

[ProDave]

How wide is the shared path?

 

In principle you could put a wall or fence (I would choose fence, it is easier and thinner) between the two houses. Stop the fence 1 metre short of the shared entrance gap in the wall.  Do what you like to the path on your side of the fence.

 

The only issue is would that leave the other house with just a half width path to walk down?  you could argue that is his problem as long as you leave full access to the shared gap in the wall.

 

I can understand the landlord not wanting to spend money right now.  He could be in the situation of many landlords at the moment having to accept lower rent as the tenants may have lost their jobs etc.

[Ferdinand]

10 minutes ago, ProDave said:

How wide is the shared path?

 

In principle you could put a wall or fence (I would choose fence, it is easier and thinner) between the two houses. Stop the fence 1 metre short of the shared entrance gap in the wall.  Do what you like to the path on your side of the fence.

 

The only issue is would that leave the other house with just a half width path to walk down?  you could argue that is his problem as long as you leave full access to the shared gap in the wall.

 

I can understand the landlord not wanting to spend money right now.  He could be in the situation of many landlords at the moment having to accept lower rent as the tenants may have lost their jobs etc.

 

If he has a right of way over your half of the path (95% likely I would say), then if you build on it he can remove the obstruction.

[Jilly]

It's generally only easy to collaborate with owner occupiers. The landlord has no incentive to pay you to upgrade something which is, in his/her eyes,  a perfectly functional existing arrangement. 

Edited May 19, 2020 by Jilly

[JFDIY]

If it bothers you that much you could cover the cost for their side to? Should only be a few hundred £ to do something acceptable over and above of doing your own at the same time, and it would add more than that to your property.

 

If you fail on the correspondence and don't want to stump up extra cash, you could re-do your side of the path, run an edging strip level in height with their path on your side of centre. Then widen your side to a proper width in matching edging, this will establish your path as looking decent and still leave them access, you ride would then look correct and theirs not so.....

[TomB]

18 hours ago, Ferdinand said:

Have you checked the deeds for the other house, and what rights that gives them over your land?

 

eg Right to walk on your half of the path. 

 

The deeds are essentially the waterpipe to our side, I use the term shared as it is shared in it's actual space rather than within the deeds. 

 

Regarding other post comments - I am aware the LL has no reason to do this, I also work in housing so understand new (and correct) tenancy rights, it is illegal to evict anyone with an AST at present due to the current circumstances, tenants can run up debts due to lack of work etc but still not be evicted. That is a difficult situation for all involved including the LL. 

Edited May 20, 2020 by TomB

[TomB]

14 hours ago, JFDIY said:

If it bothers you that much you could cover the cost for their side to? Should only be a few hundred £ to do something acceptable over and above of doing your own at the same time, and it would add more than that to your property.

 

If you fail on the correspondence and don't want to stump up extra cash, you could re-do your side of the path, run an edging strip level in height with their path on your side of centre. Then widen your side to a proper width in matching edging, this will establish your path as looking decent and still leave them access, you ride would then look correct and theirs not so.....

 

We have offered to do this and pay two thirds. 

[Ferdinand]

13 minutes ago, TomB said:

 

The deeds are essentially the waterpipe to our side, I use the term shared as it is shared in it's actual space rather than within the deeds. 

 

Regarding other post comments - I am aware the LL has no reason to do this, I also work in housing so understand new (and correct) tenancy rights, it is illegal to evict anyone with an AST at present due to the current circumstances, tenants can run up debts due to lack of work etc but still not be evicted. That is a difficult situation for all involved including the LL. 

 

Strange not to be in the deeds, but by now they will very likely have the right by 20 (?) years usage, anyway.

 

I quite like the 'increase width on your side' option.

Personally, as an LL I would stump up 1/3, or a share, and it something I do quite often.

Edited May 20, 2020 by Ferdinand

[PeterW]

So why not do a 45 degree splay on your side from a middle wall (new) and front wall to give you the privacy and security but also retain the next door access..?