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INC
INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Neighbour blocking my right of way

Resolved Question:

I live an house (1930's built) which I have owned for 18 years. There is a side passageway that I have always used to gain access to the rear garden which is where I park my car. The passage that I take (according to the plans) is shared (half on the neigbouring lnd & half on mine) but this is on 2 metres wide, I read (on the land registrys website) that the plans dont show exact boundaries. Recently my neigbour has started to block my passage so I have to knock on his door for him to move the car before I can get out. A couple of days ago I said to him that he shouldnt do this- he said that its his land. I know he's mistaken because even according to the plans only half belongs to him. So my question is can he even block half of it. Now even though my deed says I have "right of way over the part of the side passage", his makes no mention about any right of way. Also does the fact that I have aright of way allow me to take my car in?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  INC replied 5 years ago.

Hi,

 

Thank you for yoru question.

 

If you have a right of way over an area of land for the purposes of access, this would mean that you would be entitled to uninterrupted access through to your property.

 

With this in mind, you neighbour would not be able to block the right of access.

 

Whether you are allowed to take your car in would depend on the wording of the covenant. If there is no mention of a vehicle, you would be entiotled to use the area for vehicular access provieded it did not cause a nuisance or damage to any neighbouring properties.

 

I hope this answers yoru question. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

Thanks for that. Im a little worried about the wording as thats the bit that I cannot decode, can I send you the PDF document its only a page and a half long & probably wouldnt take you any more than 2 minutes to decipher so you can advise? I am happy to pay extra money...its just that Id like this clarified.

 

Thanks in Advance,

Ismail

Expert:  INC replied 5 years ago.

Salaam Ismail,

 

Of course you can. You can send it across market for my attention to: info@justanswer.com

 

Many thanks,

Customer: replied 5 years ago.

Thatnk, Ive just sent it now.

 

Ismail

Expert:  INC replied 5 years ago.

I will let you know when I have received it.

 

Many thanks,

Expert:  INC replied 5 years ago.

Salaam Mr. Khan,

 

Your Title Information Document ahs been received. The document states that you have the right of way over part of teh side passage not included within your title. Without seeing any plans, I am assuming this to be your neighbours part of the passageway.

 

The covenant does not state that it is on foot only, so with this in mind, you have the right to access using vehicles as well.

 

If I can assist further, pleae let me know.

 

Kind regards,

INC, Solicitor-Advocate
Category: UK Property Law
Satisfied Customers: 11509
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
INC and other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.

Wasalaam ,

 

Many thanks once again for the prompt reply. I am extremely grateful for the help you have provided. I am emailing 2 documents via Justanswer, One of them is my neighbours title & Plan and the other is my Title and Plan- the plans are on the last page if each document. Could you possibly look & confirm whether the "right of way" indeed refers to my neighbours part of the passageway?

 

If so then I presume if my neighbour continously blocks my right of way I can get a court order of some sort allowing me to ask Police to stop him from doing that- are you/your firm able to arrange this?, If so I would be very interested knowing the process for it & discussing whatever your fees are for the work.

 

Many Thanks,

Ismail

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