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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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We won a legal battle to have a right of way reinstated over

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We won a legal battle to have a right of way reinstated over a passageway between our property and the one next door. (Both shop units) The passageway is owned by the property next door and had been incorporated into his building. The Judge however ruled that we had a right of way over this passageway and had used it for many decades. He therefore ruled that the passageway be reinstated so we could have our right of way.

The defendant did not carry out the works and we therefore applied to the courts for an injunction. At the hearing the defendant assured the Judge the passageway would be reinstated and it was therefore deemed unnecessary to grant an injunction. Since then the property has been repossessed.

The mortgage company have then sold the property on without rectifying the issues despite being made aware of it. Their surveyor has told us that they have instead made they buyer aware of the issue and the likelihood of problems occurring from it, selling it a greatly reduced price reflecting as such. Before the new owner moved in we have reinstated the passageway ourselves believing we have a right to 'self help'

The issue first started in 2008 and we won the case in 2010. We have taken this route in desperation as it is over three years and we still have had no right of way. Are we within our rights to exercise this option of self help?
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The key will be the actual wording of the judgement made by the court in this matter. You have basically rectified the complaint and under certain circumstances (such as complying with a court order) you are entitled to take such action. You would normally write to say you are taking such action before doing it, but I can see why you took this action.

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