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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I wonder if anyone can help me, I moved into my home in

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Hi, I wonder if anyone can help me, I moved into my home in October 2011, and since my neighbour has chained and locked my and gave me no key. I have asked her kindley to let me use my right of way, she and her son has refused, and now she has started an extension right in front of my rear eccess gate. On her title it is stated that:

" SUBJECT TO A RIGHT FOR THE OWNER OR OWNERS OF THE SAID ADJOINING MESSUAGE AND HIS AND THIER TENANTS SERVANTS WORKMEN AND OTHERS HAVING OCCASION TO USE THE SAME TO USE THE WAY AND PASSAGE AS NOW EXISTING ON THE EAST SIDE OF OND UNDER OVER AND ACROSS THE PROPERTY HEREBY CONVEYED TO AND FROM THE REAR OF THE SAID ADJOINING PROPERTY NOW OR FORMAERLY BELONGING TO THE SAID MRX AND THE DRAINS AND SEWERS IN SUCH WAY AND PASSAGE THE SAID OWNER OR OWNERS OF THE SAID ADJOINING MESSUAGE PAY ONE MOIETY OF THE EXPENSE OF KEEPING THE SAID WAY OR PASSAGE DRAINS AND SEWERS IN GOOD REPAIR."

I have spoke to the police but they say get the solicitors, my conveyancer took out a indemnity policy to cover me for lack of ROW. After I passt my claim onto them, they have now come back to me saying "because I do have a ROW this policy does not cover me" but the solicitor who reviewed the documents has assured me that case is clear cut and advised me to get a solicitor. I am working on that at the moment my house insurance has a legal cover, but I am waiting to hear from them if they are willing to take this on. What really concerns me is if they say I am not covered for this kind of claim, then I am not sure what else to do. Is it possible for me to get an injunction to stop the build? if it is then how shall I obtain it? I have wrote a letter to the owner of next door, she came round to say "this is all her son's doing, he is going against my wishes and not allowing you the access" I did explain to her, that I have been polite so far but now I have no choice but, to take this step, I need an answer in writing from youself, since you own the house your son is your problem. I have given her till Friday, but in the mean time I am kind of feeling useless, I have no solicitor in place. I hope this is not too late. Please let me know what I can do. many thankx.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Is your main objective to be allowed to use your right of way?

Kind regards.
Tom
Customer: replied 2 years ago.

Hello Thomas

 

Yes, and stop her if she is in the wrong to build to cut me off from a direct ROW path across her land.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

You’re certainly going to have to speak with your conveyancing solicitor for clarification over what the ROW indemnity policy was obtained for. The right to which you refer on your neighbour’s title is a legal right of way in your favour and indemnity policies are usually only available where a right has been used but not formally granted. The right in your case has been formally granted.

The policy would, I expect, be invalidated because it is specifically for where a legal right of way (an easement) does not exist. You should seek clarification if the indemnity was obtained to cover some other right of way or, if not, why it was obtained by the solicitor. If you paid the costs of this then you should ask for a refund from the conveyance unless they tender a satisfactory response.

You, or a solicitor, should write a formal letter to your neighbour attaching a copy of the evidence of the right of way on the titke, their history of denying you this right and State that access must be reinstated immediately and if this is not done within 7 days then you shall issue proceedings for an injunction against them blocking the access way.

If he does not reinstate then you can see a local solicitor about writing a final letter before action to them confirming your intention to sue and their last opportunity to reinstate.

If they do not reinstate then you will have to issue proceedings in county court for an injunction from the Court. A solicitor would be able to do this fairly cheaply, or you can attempt it yourself by contacting the local county court and asking for them to refer you to the correct forms.

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Kind regards,


Tom
Customer: replied 2 years ago.

Thomas

 

I have written a letter to her togather with a copy of her title attached. I have a feeling that she may not reinstate my rights. Please let me know, what are the procedures to getting an injunction? what values will it hold ? how long will take to get and how long can it be for. and what are the steps after that.? many thankx

Expert:  Thomas replied 2 years ago.
Then I would skip to getting a solicitor to send a letter before action. I'd take things one step at a time.

If you get an injunction and your neighbour breaches it then it is taken as contempt of court and they could be subject to criminal prosecution so it's very persuasivve.

It depends how busy your local court is, but I should think that you would be looking at getting a hearing within 4-6 weeks.

The length is at the judges discretion, if no breach occurs after a period of time then it will be lifted.

Your local court will send you the appropriate forms to issue the claim if you explain your situation to them.

Trust this clarifies, please click accept.

Kind regards

Tom

Customer: replied 2 years ago.

She says I must pay previous onwers debt because they did not pay towards the maintanence the passage way please clearify do I owe her money.?

Expert:  Thomas replied 2 years ago.
The right you have cited above seems to require maintenance monies for the sewage but not for the drains, so on that basis I would say the right of way is unaffected. You should seek specific clarification on this when you speak to your conveyancing solicitor with regard to the policy though.

Please click accept.

Tom
Customer: replied 2 years ago.

Thomas

 

Last questions, is she in her rights to build infront of my rear gate, and also can she put chains and locks on my rear access gate? is this gate shared? it opens into my garden handle and lach is on my side of the fence.

can she make me walk around her new building?

where as now I would walk across her land pass her kitchen under her house and onto the road?

Expert:  Thomas replied 2 years ago.
She can't do anything that blocks your right of way. If she puts locks the gate she must give you a key.

She must allow you to walk along the passgeway described in the right of way, she cannot insist you walk around the side of her house unless this right is granted in the right of way (I can't see that it is).

Please click accept.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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