ChatterBank1 min ago
Shared Access And Being Used To Motor Bike By Neighbour
Our property shares a joint access foot path to mine and my neighbours property only. the houses are joined but have an alleyway through to the rear garden. this access is just for our two properties.
The neighbour has now taken to riding his motor bike up the shared access through the alley to his rear garden.
I have asked them to stop and been told its private land and |I can't do anything about it.
is this right.
The neighbour has now taken to riding his motor bike up the shared access through the alley to his rear garden.
I have asked them to stop and been told its private land and |I can't do anything about it.
is this right.
Answers
Best Answer
No best answer has yet been selected by bollyhead. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Can't see any legal complaint unless the properties have it expressed in their respective deeds/on the Land Registry entries, that the path is only to be used as a footpath or not by any motorised vehicle. If the record is silent , you'd have to rely on necessary inference and I can't see that getting anywhere. If he rode a cycle up the path . I take it you wouldn't complain. So saying because the bike happens to have a motor it follows that it must be inferred that it is forbidden by necessary inference is surely a non-starter.
Is your shared access path Private and not a public thoroughfare whereby any member of the public can roam up and down it at will?If it is Private land then I can't think of any law that says he can't push or even ride his motorcycle on jointly owned/shared land providing his actions are not reckless.
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