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Default Shower drainage - possible boundary dispute (O/T?)

I want to install a shower room in a part of my (terraced)property
which overhangs the passageway between our house and our neighbours,
but out neighbour has objected as he believes the passageway to be
"his". Any advice?

The situation is as follows:

We live in a terraced property with a passageway between our house and
our neighbour. The passageway provides access to the rear yards of
both houses (and there is no other access to these yards except via the
property itself).

The Land Registry documents for the two houses appear to show that the
boundary between the houses runs down the centre of the passage. Our
neighbours, however, claim that they own the passageway and need only
provide us with access to our yard through the passage. This claim
appears to be based on the fact that, at the front of the property,
their house overhangs the passageway and they have a window directly
above the passage door. However, immediately behind their room which
overhangs the passageway (if moving along the passageway), we have a
walk-in cupboard which similarly overhangs the whole of the passageway.
Beyond this room, the half landing and WC of both properties overhang
half of the passageway each.

We wish to install a shower in the walk-in cupboard which overhangs the
passageway. To do this we would need to run drainage along the
passageway to join the sewerage stack, which is at the rear of the
property below the WC. Our neighbour has refused to allow us to do
this as he does not want the drainage to run along what he believes to
be "his" passageway (despite having a drainage pipe of his own which is
run in the same way).

Is there any way we could determine where the boundary runs? Or, even
if our neighbour is correct and he has ownership of the passageway, do
we have any right to be able to access the drainage (which runs from
the rear to the front of the property underneath the passageway)?

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G&M
 
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...
I want to install a shower room in a part of my (terraced)property
which overhangs the passageway between our house and our neighbours,
but out neighbour has objected as he believes the passageway to be
"his". Any advice?

The situation is as follows:

We live in a terraced property with a passageway between our house and
our neighbour. The passageway provides access to the rear yards of
both houses (and there is no other access to these yards except via the
property itself).

The Land Registry documents for the two houses appear to show that the
boundary between the houses runs down the centre of the passage. Our
neighbours, however, claim that they own the passageway and need only
provide us with access to our yard through the passage. This claim
appears to be based on the fact that, at the front of the property,
their house overhangs the passageway and they have a window directly
above the passage door. However, immediately behind their room which
overhangs the passageway (if moving along the passageway), we have a
walk-in cupboard which similarly overhangs the whole of the passageway.
Beyond this room, the half landing and WC of both properties overhang
half of the passageway each.

We wish to install a shower in the walk-in cupboard which overhangs the
passageway. To do this we would need to run drainage along the
passageway to join the sewerage stack, which is at the rear of the
property below the WC. Our neighbour has refused to allow us to do
this as he does not want the drainage to run along what he believes to
be "his" passageway (despite having a drainage pipe of his own which is
run in the same way).

Is there any way we could determine where the boundary runs? Or, even
if our neighbour is correct and he has ownership of the passageway, do
we have any right to be able to access the drainage (which runs from
the rear to the front of the property underneath the passageway)?


You would need to study the deeds to determine ownership. However it is
unlikely to affect the fact you propably won't be able to install a pipe in
this passageway as unless it isn't what I imagine, it could be construed as
blocking an existing right of way (even if it's well above the ground). If
it's just a shower why not run the pipe internally ?



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Rick Dipper
 
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On 17 Aug 2004 06:17:35 -0700, wrote:

I want to install a shower room in a part of my (terraced)property
which overhangs the passageway between our house and our neighbours,
but out neighbour has objected as he believes the passageway to be
"his". Any advice?

The situation is as follows:

We live in a terraced property with a passageway between our house and
our neighbour. The passageway provides access to the rear yards of
both houses (and there is no other access to these yards except via the
property itself).

The Land Registry documents for the two houses appear to show that the
boundary between the houses runs down the centre of the passage. Our
neighbours, however, claim that they own the passageway and need only
provide us with access to our yard through the passage. This claim
appears to be based on the fact that, at the front of the property,
their house overhangs the passageway and they have a window directly
above the passage door. However, immediately behind their room which
overhangs the passageway (if moving along the passageway), we have a
walk-in cupboard which similarly overhangs the whole of the passageway.
Beyond this room, the half landing and WC of both properties overhang
half of the passageway each.

We wish to install a shower in the walk-in cupboard which overhangs the
passageway. To do this we would need to run drainage along the
passageway to join the sewerage stack, which is at the rear of the
property below the WC. Our neighbour has refused to allow us to do
this as he does not want the drainage to run along what he believes to
be "his" passageway (despite having a drainage pipe of his own which is
run in the same way).

Is there any way we could determine where the boundary runs? Or, even
if our neighbour is correct and he has ownership of the passageway, do
we have any right to be able to access the drainage (which runs from
the rear to the front of the property underneath the passageway)?


There are people who advertise their services to resolve this type of
dispute, however having a neighbor you can live with, is probably
worth more than a shower.

Rick

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