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Next door neighbour has made a parking area on their own…

Next door neighbour has made...
Next door neighbour has made a parking area on their own land. But to get onto this parking area they have to use our commercial land. What would be the next step? As in our deed it doesn’t mention shared access.
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Answered in 1 minute by:
10/11/2017
Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,496
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

I assume they have only just done this?

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Customer reply replied 9 months ago
They built it, and out of respect as it’s their land. We had no right to say anything regarding what they build as it’s on their land. But recently they have been using our land to enter onto their parking area.

Ok - but when? Within 20 years?

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Customer reply replied 9 months ago
It’s only been a couple of months the most.
Customer reply replied 9 months ago
we do want it to go on any further, as then they have the right of way

OK - they do NOT have a right of way unless its in your deeds/lease.

You can stop them using it and nothing in law which says you need to give them access.

You can write and ask them to stop or say you will get a Solicitor to get a Court order preventing them.

If they ignore this then get a local Solicitor to write, set out your position and ask them to stop.

If they refuse then you can seek a Court order making them stop.

You would need to complete form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will set the matter down and decide whether to order them to stop.

If the Court and they refuse this could be contempt of Court and they may be warned, fined or sent to prison.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law
Jamie-Law, Solicitor
Category: UK Property Law
Satisfied Customers: 7,496
Experience: Solicitor
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Jamie-Law and 87 other UK Property Law Specialists are ready to help you
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Customer reply replied 9 months ago
Can I get you to phone me please.***********thank you.

Thanks. I will call shortly. I am just in Court.

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Customer reply replied 9 months ago
Thank you for your advice and your colleagues advice. I did forget to mention that we haven’t actually seen our neighbours deed. But then again they’ve been reluctant to show us. Their solicitor has claimed that they have right of way. We are just wondering how would they have right of way. They live on another street and use another street to park their cars onto their parking area.

Ok. You would have your own deeds.

This will show whether or not there is access.

I doubt there is.

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Customer reply replied 9 months ago
Okay then. On our deeds it only says access to the other adjoining commercial properties. Previously on another uk law page, we saw that 2 deeds could be different. One deed may not mention access, but it says the neighbours deed could say that they have access. Sorry we’re just really confused, as I did mention to your colleague that they are threatening us with court cases and injunctions

It goes on what is on your deeds. But get a copy of their deeds, they are available online for around £10 and see.

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Customer reply replied 9 months ago
We can’t thank you enough for your help. Thank you very much
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