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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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I have just been informed by my neighbour down stairs that

Resolved Question:

I have just been informed by my neighbour down stairs that she will not allow me axcess through her garden to the back lane it is a matter of the length of my garage, I was informed when I purchased the prperty 14 years ago that this was my right of way, this was by the person who had lived in this property for 4 years previous to my pruchase. The lady down stairs did not own the property at the time. I have now put my property on the market and she has now saids no. Have I the right to continue usage.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Is the right of way listed in your Lease?

Tom
Customer: replied 2 years ago.
No it is not on the deeds, but it is the only way into the lane at the back, I could go through the garagwe but it means having to lift the main door every time. I just join her path at the bottom of her garden as both gardens run along by each other. It works the same way as the front entrance. I have to use the front path although she owns the front garden. Also I have to use the front hall way which she also owns.
Expert:  Thomas replied 2 years ago.
Hi,

So the right is not evidence in your lease or on the land registry title for your property and you have exercised the right on any informal basis only. Correct?

Tom
Customer: replied 2 years ago.

This right of way has been in force ever since I have lived in this property, which is about 14 years. The lady before me hadthe same right of away and she lived their for about 4 years. This was agreed before the lady downstairs moved in. She has never saids anything to me in all the years she has lived their it has only been said since I put my property on the market.


I have right away in the front porch and she owns that as well, surely I have got right away due to the fact that this has stood for over 18 years?

Expert:  Thomas replied 2 years ago.
Hi

I will answer once I'm out of my meeting. 20mins,

Tom
Expert:  Thomas replied 2 years ago.


Hi

Thanks for your reply.

If the right is not evidence in the lease or land registry official copies for the leasehold title that you own then there is no express right of way in your favour.

In order to claim a right of way of this type by long use you must have been using the right continuously for a period of 20 years. This is called a right by prescription. Your previous owners use of the right would also be able to count to this time period if you could get them to confirm they used it for the length of time you say, but you still appear to be two years short.

You can have an easement of necessity over anothers land to access your own land but this is only where you cannot access the your other land by any other means and the right you would acquire would be on “on-foot only” right. I assume this does not apply to you.

The above being the case you have no legal right of way over their land and unless you can get them to agree to executing a deed of easement (perhaps offering a fee as a sweetner) then you could not in good conscience market the property as having the right of way.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Property Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

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