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10/08/2011 20:37:06 sarah_w Posts: 1	Hi I am currently in dispute with a neighbour over his right to my land. I have a pathway running down the side of my house, which my deeds state: Together with the site of the pathway six feet wide runningalong the north eastern side of the property hereby conveyed but subject to anexisting right for the owners of the adjoining properties aforesaid at alltimes and for all purposes to pass and repass over and along of the saidpathway for the purpose of gaining access to and egress from the rear of thesaid adjoining properties from and to XXX road. Subject a) to the existing rights of the owners andoccupiers for the time being of the adjoining properties aforesaid to pass andrepass over the pathway at the rear of the property hereby conveyed for theprupose of gaining access to and egress from the rear of the said properties My neighbour has begun storing his bins in this pathway. I have asked him to remove them as he only has the right to pass and repass, but he has refused saying that it is "communal land" I would like to confirm that he is incorrect and he only has the right to use the pathway, not to store his bins there. On another note, he has also removed the bolts from the gate. Now whilst i understand that the deeds state that owners of the terrace should have the right to gain access and egress,and as such the bolts should not have been on there, they have always been on there, and there have never been any complaints from any other neighbours (i never put them on - they were there when i moved in) do i need to have the permission of ALL residents to put them back on, or just the majority? or is the fact that they have been present for a long period of time a good enough reason to replace them? Thanks in advance Sarah
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18/08/2011 10:42:39 www.clicklegalservices.co.uk Administrator Posts: 374	I think pass and re-pass says what it means - i.e. it is an easement - that is to say a right of way over someone else's land. It sounds like he has a right of way - but that is it; it does not appear to be communal land. As to the gate, as long as it is not locked, - which would prevent access and egress on the face of it - and even then a key could surely be provided? and is on your land I see no reason why you could not simply replace the bolts (which I assume alloww the gate to close and stay closed). It is difficult without sight of all the title deeds and a plan to accurately advise though.
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