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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a pathway from my garden to a public lane. This is my

Resolved Question:

I own a pathway from my garden to a public lane. This is my only rear exit. A neighbour has put in a planning application and the architects plans show two breaches of the path boundary between his and my property, for the purposes of bin movement ostensibly. No consultation. His property could provide bin storage and exit for recycling. The path is entirely mine as evidence Land Registry documentation. Has he any rights over it?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Are you certain that there is no right of way evidenced as an entry on your Land Registry Official Copies (ie. copy of the register for the title) which affords your neighbour access
2. How long (if at all) has your neighbour been accessing the path
Kind regards.
Tom
Customer: replied 5 years ago.
Neighbour on the other side has a right of way. Neighbour in question does not and has not needed to use the path because of large access to the public lane. This large access will be reduced when he builds a new house on his land (for which he is applying for planning permission).

He has only just bought the property. Previous owners have never used the pathway which simply leads from the public lane into my garden - and is too narrow for any bins to overtake.
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

The position is that if a person wishes to access land which they do not own or have a right of access over either by an express right or way of by necessity (where the access by foot only is essential for the use and enjoyment because the land would otherwise be landlocked) then they can only claim a legal right of access by prescription.

In order to claim a right of way by prescription a person must be able to prove they have been exercising the right without objection. This being the case your neighbour would not be able to claim a right of way over your land.

You may consider offering him an express right of way by deed in exchange for a fee if you consider that his plans will not materially affect your use/enjoyment/value of your property.

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Kind regards,


Tom
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