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2 houses one private, one council, who owns the shared gate on our side?

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lizzydrippin | 21:04 Tue 20th Apr 2010 | Property
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I live in a private ex council house (semi-detached) and there's a council house next door, the the adjoining house but the one on the other side. Both houses share the same front path and gate which is on our side of the boundary line bar around 6 inches. If we wanted to put up a fence between the two houses (at the front) then could we insist to the council that they put in a separate path for their tenants and give them their own gate?

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sorry I meant to say 'not' the adjoining house
Probably not. You need to look at the Register for your Land Title, held at the Land Registry and see what it says about right sof access across this central area.
You will almost certainly discover that, although you legally own up to the centre line, your neighbour has a right of access across the whole of the front path, ditto for you across his part of the front path.
That effectivly stops you being able to put a fence up the centre line.
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Thanks Buildersmate, pity though cos having a shared gate is really causing problems and after asking them really nicely if they could possibly shut the gate after coming either in or out they seem to be actually going out of their way to make sure it gets left open. I had hoped there would be a simple solution like us all both having our own gate. Would it make a difference if they purchase the house and become the owners like I believe they are planning to in a year or two? or not?
No.
The way this 'sharing' business works is that there is words written into your land title that gives the owner (or tenant in this case) an 'easement'. This means, in this case, a right of way to pass or repass over that strip of your land. The strip in question will be shaded on the title plan. The same will typically be true in reverse for you over his part of the pathway.
However you would be advised to check it - to see if such a clause was actually included when your house was sold off from being a council house to private. It might have been overlooked. In which case you could do what you like with your own land.
lizzy, could you fit a spring self closer on the gate? If the council don't object I am not sure that their tenant could especially if you have a good reason (pets, small kids)

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