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    elaineoakham's Avatar
    elaineoakham Posts: 4, Reputation: 1
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    #1

    Mar 1, 2009, 07:56 AM
    Right of way and boundaries
    How can I find out if there was ever a fence between the front paths of my neighbour and I? The house was built in 1870
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Mar 2, 2009, 12:41 AM

    Hi, elaineoakham!

    The first thing that you could do is to look for physical evidence. The next that I might try would be to contact people who've lived in the neighborhood a really long time. Perhaps there might be pictures at a local historical society or at the local public library.

    Why are you asking the question, please? Is there some sort of issue going on between you and your neighbor?

    Thanks!
    elaineoakham's Avatar
    elaineoakham Posts: 4, Reputation: 1
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    #3

    Mar 3, 2009, 07:27 AM
    Quote Originally Posted by Clough View Post
    Hi, elaineoakham!

    The first thing that you could do is to look for physical evidence. The next that I might try would be to contact people who've lived in the neighborhood a really long time. Perhaps there might be pictures at a local historical society or at the local public library.

    Why are you asking the question, please? Is there some sort of issue going on between you and your neighbor?

    Thanks!
    Yes , my neighbour has stopped the sale of my house because he wants right of way over my front path. It looks as if I will have to enter into a legal battle just to be able to sell my house. He is a barrister so I'm pretty sure that he knows what he's doing.

    There has not been a fence since I came 18 yrs ago and the previous owners didn't have a fence either. He has been here since 1977.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Mar 5, 2009, 06:55 PM

    I doubt that a fence over 20 years ago willl be a lot of help even if you prove it is there.

    have you had a recent survey, have it proved according to the deeds what the property line is.

    If it is, and you have had a front path for 20 years, merely having that path may allow you for right to have that.

    Perhaps a counter suit for the lost of value of your property would be a nice idea.
    amricca's Avatar
    amricca Posts: 851, Reputation: 92
    Senior Member
     
    #5

    Mar 9, 2009, 01:34 PM

    Why does he want right of way over your front path? Is it on his property or is his front path on your property? Just don't quite understand the issue here.
    elaineoakham's Avatar
    elaineoakham Posts: 4, Reputation: 1
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    #6

    Mar 10, 2009, 01:19 PM
    Quote Originally Posted by amricca View Post
    why does he want right of way over your front path? Is it on his property or is his front path on your property? Just don't quite understand the issue here.
    He says that He's going to put a UN1 on my deeds. I think it's because he's been using my path since I moved here as there isn't a dividing fence and I've never complained! I don't understand myself but he is a barrister so I assume he knows what he's doing and he has managed to stop the sale of my house.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #7

    Mar 10, 2009, 03:52 PM

    Highway agency right of way plats and road construction drawings might show the fence if you are close to a public road. Where I worked they kept those drawings way back, especially R/W plats.
    amricca's Avatar
    amricca Posts: 851, Reputation: 92
    Senior Member
     
    #8

    Mar 11, 2009, 08:13 AM

    Have you spoken to an Attorney about this? I'm sure he knows what he is doing but you have rights too, like the right to sell your house.
    elaineoakham's Avatar
    elaineoakham Posts: 4, Reputation: 1
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    #9

    Mar 12, 2009, 07:40 AM
    Quote Originally Posted by amricca View Post
    Have you spoken to an Attorney about this? I'm sure he knows what he is doing but you have rights too, like the right to sell your house.
    I have been to the local Legal Advice centre and they say that I have rights too and have written to my neighbours solicitors. However, I have lost my sale along with the value which is falling every day... could this drag on forever and who would want to buy a house with a neighbour that would do such a thing!

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