can we split a shared path?

george88 | 19:38 Sun 17th Jun 2007 | Civil

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We live mid terrace in an older style street. Our garden has a path running up one edge which is equally shared between us and our neighbour. It goes nowhere but to the back wall of the gardens so essentially serves no purpose other than to make both gardens unprivate from each other. Do we have any right to insist that our neighbour allows us to split it 50/50 up the midle and to errect a fence? We have asked them and they have reffused (they are old and silly). What are opur chances?

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