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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good morning, Im a little unsure how best to proceed. We live in a mid-terrace (4 ho

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Good morning, I'm a little unsure how best to proceed. We live in a mid-terrace (4 houses in total) and have, according to our deeds "full right and liberty for the Purchaser and their successors in title owners or occupiers for the tim,e being of the said premises and their undertenants and servants at all times and for all purposes to pass and repass over and along so much of the back passage or way..." (leading from our house to the road).

My neighbour currently blocks our access with their vehicles, making it impossible to pass our wheelie bin through and any bikes etc from our rear shed. They have refused to move their vehicles and have said that the access is 'pedestrian only' and also that they have allegedly 'checked this out'. I am at a loss what to do - having made a friendly request, it has been met with what I can only describe as vitriol. I appreciate deeds etc would need to be scrutinised by an expert, but how costly might this be? Thanks in advance.
Hi

Thanks for your patience.

If you have the right that you have quote then you have a legal easement over the passageway. This means that it cannot be obstructed by others, including anyone who is actually the registered proprietor of the passageway.

If your neighbours are blocking this accessway then you have a legal right to enforce against them. Which you can do, although it can be quite time-consuming.

In the first instance I would write to your neighbour referring to your right and giving examples of the behaviour that you consider breaches the right. State that they should modify their behaviour in specific stated ways so that you can access it. State that if they do not do this then you shall instruct a solicitor with a view to obtaining an injunction against them to cease this behaviour. Also, be sure to outline the aggressive behaviour that you have mentioned.

If they do not cease the behaviour then you should see a local solicitor for a consultation, taking along the registered title for your property, a plan/map and examples of their behaviour. They solicitor will confirm that you have this right and you can then instruct them to write a letter before action to them stating that they are instructed to issue court proceedings if they do not stop their obstructions.

If they do no stop their behaviour then you will have to issue proceedings.

It should cost less than £100 + VAT to have a half/hour consultation and for a solicitor to send a letter before action to them.

If you instruct a solicitor to issue proceedings and act for you in an injunction application then it would cost upwards of £400.00, but you can act by yourself and get your solicitor to simply refer you to the relevant forms and get you started which will be much, much cheaper.

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Kind regards,


Tom
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Customer: replied 3 years ago.

Thanks Tom, very much appreciated - extremely helpful and very much appreciated.


 


Kind regards


Laura

You're welcome.

Tom