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passageway & fencing at rear of terrance house - legally oblidged to keep fence?

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  • passageway & fencing at rear of terrance house - legally oblidged to keep fence?

    hi

    need your help before we commit to go forward with this property.
    it's got a bit of a strange fence construction in the back of the house.
    it's an end of terrace house (3 houses) and we would own the freehold for the land of this property according to the deeds.

    however, when stepping outside at the back of the house, there is a wooden fence with a door/gate from the left to the right boundaries of the garden. about 3 foot from the end of the house itsself.

    then, when unlocking this gate you get into the garden, where you find to the right an interconnecting gate to your neighbours garden.

    the deeds say the neighbour has the right to use the 3 foot passageway if there are problems with the sewers/draining, which is totally ok and we wouldn't deny access.
    what is bothering us is this fence/gate which is dividing the house from the garden really and we would like to knock this down.

    are we legally allowed to do this?
    so far the neighbour cannot directly enter the passageway but has to enter our garden through the interconnecting fence with his garden, and then enter the "passageway-gate" to get around our house.

    a very weird construction...and we do not see the necessity of this middle fence blocking off part of the views and straight access into our garden.

    here is what the deeds say:

    "TOGETHER with the full and free right of passage and running of
    water and soil into and through the sewers and drains now in and
    under the adjoining property on the North known as Nos 11 and 13
    X Street and leading into the main sewer in X Street
    aforesaid EXCEPT and always reserving to the Vendors their heirs
    and assigns the owners and occupiers of the said adjoining
    hereditaments No 11 X Street aforesaid full and free right and
    liberty at all times hereafter but on foot only and for all
    purposes connected with the use and occupation of the said
    messuages and hereditaments as private residences to pass and
    repass over along and over the passageway Three feet wide or
    thereabouts situate on the South side of the hereditaments hereby
    assured and leading to the rear of the said adjoining
    hereditaments No 11 X Street aforesaid."

    can someone please help? thanks

  • #2
    Re: passageway & fencing at rear of terrance house - legally oblidged to keep fence?

    Unless there is something else obliging you to maintain this fence then you can remove it. Perhaps a previous owner had a dog and wanted to keep the dog on their land away from the passageway?
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: passageway & fencing at rear of terrance house - legally oblidged to keep fence?

      Thanks for the thoughts on the issue Richard. Helped a lot to put our minds at rest.

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