Anybody a solicitor that can offer a little bit of advice?
Discussion
Agreed, needs a lot more detail. If you have a covenant or easement in your deeds giving you access, you have enforceable access. If you don't, you don't. In order to enforce it, you may need to get legal at a cost. The presence of an access road, alleyway or a gate isn't a determinant of a right of access if the land in question is privately owned and not adopted. IANAL and this forum does have qualified people for simple advice but if it's anything complicated, you probably need to pay for qualified and indemnified advice.
... because when dealing with rights relating to what may be the most valuable possession that most people may ever have, where the consequences of error may be significant expense and serious hassle, it obviously makes sense to take legal advice from anonymous people on a car forum. I mean, duh.
Post your title number or pm me the address and I can see what the title says.
But basically we need info as aobove
Is it documented?
Has the right been gained by prescription>
What is the right used for?
What was it originally used for?
Who else may benefit from the right?
Does the right come with strings attached eg restrictions to use, time etc
But basically we need info as aobove
Is it documented?
Has the right been gained by prescription>
What is the right used for?
What was it originally used for?
Who else may benefit from the right?
Does the right come with strings attached eg restrictions to use, time etc
See images above.
First one describing the rights of access.
The second image described as follows;
Blue line = my property
Red dotted line = right of access from main road starting from house no. 10
Green line = an alleyway that runs between the two rows of cottages. This isn't marked on the deeds in any way but i have marked it based on the explanation below. This alleyway is only about 3 feet wide.
Story:
Essentially a new neighbour moved in in february and has been causing a lot of issues over various things. The latest issue is a double story extension that she is planning at the back of her property. We were aware there were plans - we did not dispute them because all other cottages have this same extension so she was always going to get permission. The house on the other side of me (no. 5) had 2 oldies in who sadly have now died. We only had a 3 foot picket fence in place between us but it didn't bother us with the oldies but now they have gone i have put up a 6 foot gate and fence. This is for both security and privacy as this house is now empty.
I was happy to still let HER have access as i thought she had the right but now it turns out her build is starting in the next few weeks and she hasn't even had the decency to tell us. She is wanting the builders to come across my garden right over a brand new terrace and raised sleeper section which clearly i am not happy about because they will ruin it. (yes i know they would have to put it right but id rather no damage in the first place)
Looking at the deeds and the drawing surely her access is from the road down the side of number 10 and along to her property? This access is wide enough for a car whereas the path marked green that is not detailed on the deeds is far too narrow for workmen and they cannot even get a barrow round the corner at the end to turn into no. 5 and across.
The spanner in the works from her perspective is that all houses from no. 10 down to her house have blocked their right of ways or just built over them! All the neighbours who I've spoken to that have blocked access say that the right of way is not owned by anybody OR the council and is only an agreement between neighbours? We have been there for 4 and a half years and the right of way doesn't really get used by anybody along the row.
Thankful for any thoughts or advice.
Edited by chrisbliss on Tuesday 10th July 12:35
Edited by chrisbliss on Tuesday 10th July 12:37
Edited by chrisbliss on Tuesday 10th July 12:38
Edited by chrisbliss on Tuesday 10th July 12:48
Durzel said:
IANAL but this is the sort of thing where you need indemnified advice, as said above.
That information makes it trivial for anyone on here to find your exact address, not sure how bothered you are about that?
Thanks - saw this on re-reading and have edited anything out. That information makes it trivial for anyone on here to find your exact address, not sure how bothered you are about that?
Just posting quickly to see if anyone has any thoughts - always lots of good advice on here but i will of course in due time be seeking advice.
Edited by chrisbliss on Tuesday 10th July 12:51
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You should seek proper advice of course
But I would look at this wording in the deed in a pedantic interpretation
...in width leading from the main road to the rear of said property...
if "said property" is the specific house referred to in the deed then it implies (to me & IANAL) that there is no access beyond "said property"
i.e. she comes along from number 10 to number 7, but has no right to use the access further than that
The spanner in the works to which you refer might become a problem for people who have blocked and are not willing to allow the access stipulated in the deeds
But I would look at this wording in the deed in a pedantic interpretation
...in width leading from the main road to the rear of said property...
if "said property" is the specific house referred to in the deed then it implies (to me & IANAL) that there is no access beyond "said property"
i.e. she comes along from number 10 to number 7, but has no right to use the access further than that
The spanner in the works to which you refer might become a problem for people who have blocked and are not willing to allow the access stipulated in the deeds
JPJPJP said:
You should seek proper advice of course
But I would look at this wording in the deed in a pedantic interpretation
...in width leading from the main road to the rear of said property...
if "said property" is the specific house referred to in the deed then it implies (to me & IANAL) that there is no access beyond "said property"
i.e. she comes along from number 10 to number 7, but has no right to use the access further than that
The spanner in the works to which you refer might become a problem for people who have blocked and are not willing to allow the access stipulated in the deeds
Thanks and could certainly be a good point regarding the access beyond property.But I would look at this wording in the deed in a pedantic interpretation
...in width leading from the main road to the rear of said property...
if "said property" is the specific house referred to in the deed then it implies (to me & IANAL) that there is no access beyond "said property"
i.e. she comes along from number 10 to number 7, but has no right to use the access further than that
The spanner in the works to which you refer might become a problem for people who have blocked and are not willing to allow the access stipulated in the deeds
In a selfish way, if other people have chosen to block their right of access then that is their problem. I get on with them all well and they believe they were within their rights to block so they did but i'm not sure from what they've said and what i've read that they did their research correctly. I think they just have neighbours (currently) who aren't bothered and it won't become a potential issue until new people move in.
Edited by chrisbliss on Tuesday 10th July 13:28
Edited by chrisbliss on Tuesday 10th July 13:29
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