UK Property Law
Get UK Property Law Questions Answered by Experts
Thanks for your question.
Is the paving that he has laid exlcusively within the legal title to his property? if not, who owns the title on which the paving has been laid?
Thanks for your reply.
Ownership of the land on which the paving has been laid is crucial here. If your title does not retain a express right of vehicular access over the land then the fallback is to claim a legal right of access by prescription.
Unless you have been exercising a right (ie. of vehicular access over the lane) for a period of 20 years then you cannot claim this right against the owner.
If you had acquired a right by prescription you could stop him from using the land in such a way so as to deny you this right. As it stands in the absenence of this and an express right then it will be for the person who owns the land to require that suitable covering for vehicular access is reinstated.
You will have to check your title to see if there are express rights for access subject to perhaps an agreement to contribute (jointly with others) to the maintenance of the lane until adoption. If there are then you (and others) can enforce this against him.
To check who owns the lane you will need to carry out an index map search via the appropriate land registry office that deals with the title to the property. You can do this by submitting the Lr's Form SIM from the following page, together with a map showing the area and their requisite fee (you can check with them_:-
If this is useful please kindly click accept so that I may be rewarded for my time. You wll be free to ask follow up questions.