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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10493
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We have land that we access via a road that is on our deeds

Customer Question

Hi we have land that we access via a road that is on our deeds and latest map. We let the road overgrow to stop people access our land. Some one has put a fence up in the middle of the road. We are going to remove this. It's been said that the road
Is no longer a road. I have spoken to highways and they have said it's a private road
And we have access over it.
What's your view
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.


Thanks for your enquiry.

If you own the "road", you are free to do with it as you so wish. The only proviso is that if your Deeds do show that third parties have a right of way over the road, you should maintain it as such to enable the third party to exercise their right over it.

If no third party has any right of way over the road, you are perfectly entitled to do with the road as you so wish, and it makes little difference to the outside world if it is maintained as a road or not. Likewise, if someone has put up a fence on the road, you are free to remove it as it is on your land.

Not sure exactly why you need to establish if it is still classed as a road, but hope this sets out the legal position. Please let me know if I have not provided the information you are seeking.

Kind Regards


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