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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7147
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I have access through a gate and via a lane to my property

Resolved Question:

Hi, I have access through a gate and via a lane to my property to which my solicitor says I have access rights to, there is another way in but the lane is severely eroded with large pot holes. The owner of the lane has blocked my access and therefore I had to park behind his car which is now blocking everyone else's access. If the owner moves his car it will look as if I am the culprit.
In addition he opened my car door without permission, he has previously rang my doorbell and told me not to use the access and his wife accosted me two days later with verbal abuse.

What rights have I to claim harassment as this is not happening to any of the other residents (of which there is about 10) and to any other persons regularly using the lane.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Does your solicitor state that you have this right of way because it is registered as such at the Land Registry (ie. on the registered title to the property_
2. Is this continuing to be restricted?
Kind regards.
Customer: replied 3 years ago.
The registerd title says I have access to the east side of my property which is through the gate, but to Morcambe Road which is to the West of the property over the pot holed lane, so I am a bit confused. She insists that it is through the gate
Expert:  Thomas replied 3 years ago.

Thanks for your reply.
You need to see documentary proof of the right of way which is being denied to you. This would be in the form of an entry on the property register of the official copies for the registered title of your property.
You can download a copy of the title here:-
If you cannot see the right on there then ask your solicitor to refer you to it. If you are being denied this right of way by you neighbour then you should get your solicitor to write a letter before action to them stating that your access should be reinstated and that they should cease denying it to you otherwise you will apply for an injunction order from Court.
If he continues to deny you your legal right of way then you will have no option but to apply to court for an injunction. If he continues to deny you it post-order then he will be in contempt of court which is a criminal offences.
When people refer to harassment this is enforced in the court in the form of one applying for a non-molestation order against another. This would state the behaviour that is to cease. A power of arrest can be attached to these orders, and again they would be in contempt of court if the behaviour continues.
If you have concerns about the conduct you consider to be harassment then you should include it in the above letter with a similarly appropriate warning as to the court proceedings which may follow in the event the behaviour continues.

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Kind regards,

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7147
Experience: BA (Hons), PgDip, Practising Solicitor
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