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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 live in a semi-detached house. It would be ideal if

Resolved Question:

Hi, I live in a semi-detached house. It would be ideal if I could sketch a diagram, but hopefully I can make sense. From the street, I'm on the right. On the left is the 'other half' of the house. To the further left is a lane which gives access to the house behind as well as to the back of my property in a kind of 'L' shape. The lady behind is the owner of the lane. I have full right of access to the lane (that she owns). When she moved in a few months ago she asked me to move the bins in the short section of the 'L' (i.e. the bit that leads to my back gates) as she wanted to turn into that space. She has never turned in that space.

Now I want to move the bins back out into the lane and requested so from her. She has declined. I have looked at my ownership documents and it gives me no further rights than full right of access.

So basically, she owns the lane (even the short bit of the 'L') and I have full right of access. Do I have any right to put something in the bit that she owns which does not in any way block access to her house? (if you go down the long straight bit of the 'L' you go directly into her garage)

Your view would be appreciated.

Kind regards,

Grant Wyatt
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi Grant

Thanks for your question.

I I am afraid that if you are asking whether you can put your bins on her private land albeit that you are granted rights of way over it then the answer is no.

The land is has subject to such legal easements as have already been granted like you're right of way. This means she can do whatever she pleases and provided she does not restrict the rights granted on it.

Your existing right of way does not give you any further positive right in respect of the land such as the right to leave a tender. Although she may have to do to do this for a short period f time you cannot now rely on this as giving you a easement.

In order to acquire a right to leave your been over the lane through long use you would have to claim the right by prescription. This means that you would have to use the lanes to leave your bins for a period of 20 years.

I am sorry that I could not have better news for you. If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Customer: replied 1 year ago.

Tom,


Thanks for the info, it's as I suspected, one further thought. The lady who owned the house before us (for 30 years) put her bins in the lane outside her gates. We did so too (with the previous owners of the house behind ours) for 7 years, maybe 6.5 years. So until we were asked to move the bins they certainly HAD been there for > 35 years.


 


This 'right by prescription' you mention, if it wanted / chose to 'fight' how would I go about achieving such right by prescription? Would I need to go to court/engage a lawyer? etc

Expert:  Thomas replied 1 year ago.
Hi

If the right has been used for over 20 years then you could in theory applied to register a right by prescription against your neighbours legal title. However in order to do this you would have to rely on the you special previous owner had.

Therefore, you would need to find them and get them to execute a statutory declaration confirming to use. You would certainly need a solicitor to assist you in this regard.

Please remember to rate my answer

Kind regards

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6660
Experience: BA (Hons), PgDip, Practising Solicitor
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