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My neighbour owns the retained lad at the back ,which they…

My neighbour owns the retained...
My neighbour owns the retained lad at the back ,which they use as the accessway via a shared drive, they have right on foot and by vehicle over the accessway at all times .The acessway is part of the driveway they own to access the property and a right of way (which our title deeds says we have the rights over the passage between 2 properties to the end of the garden.This is shaded by a brown strip . The neighbour who owns the retained land says I do not have the pedestrian righ of way which is at the side of the house. Interstingly on his transfer deeds under right granted for the benefit of the property is says under section d- Together with all others so entitled of the right of way detailed at entry 2 of the propery register. Would I still have the right of way . In his transfer deeds he says this brown land is not owned by him and was excluded from his title register.
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Customer reply replied 3 months ago
The right of way ie on the brown land which my deeds say under entry 2 of the property register is at the side of my house. The neighbour who owns the retained land say I am not entitled to use this land. He also has on entry 2 of his property register deeds he has right of way over the land tinted brown.I feel I still have the right of way? . I hope so
Answered in 1 hour by:
3/27/2018
KJLLAW
Category: UK Property Law
Satisfied Customers: 2,375
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G​ood afternoon. i am a legal expert attorney who will assist you today.

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T​his is a British question. I will opt out for a UK attorney to answer.

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Customer reply replied 3 months ago
Thats fine I will await for the appropriate British Solicitors who specialise in this type of rights of way law to respond to me many thanks Mr Gigg
Nick H
Nick H, Solicitor
Category: UK Property Law
Satisfied Customers: 125
Experience: Ten year qualified Solicitor
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Hi - I am a UK Solicitor specialised in this area.

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Hello again

Apologies it is quite difficult to understand without seeing the deeds in question. Could you post them or explain in more detail.

Thanks

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Customer reply replied 3 months ago
No problem Nick my name is***** live at 9 New North Road and the neighbour in question is Mr Shayer who lives at 7B New North Road. The land used to belong to Mr Gray of 7 New North Road he sold the land adjoining his house to build 2 properties one now being 7B New North Road
Customer reply replied 3 months ago
Hi Nick if you do not mind, I sent all the relevant deeds attached. I would prefer written response from you to explain what this means.
In essence I would like to know whether I am still entitled to use the right of way which is the brown strip of land at the side of my house and if not if you could explain why not- that would be greatMany thanks ***** of 9 New North Road

Hello

Apologies for the delay I have been in court all day.

It clearly states on your deeds that you have a right of way along the passage between 7 and 9.

Surely the 'Brown' land is this passage?

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Customer reply replied 3 months ago
Many thanks Nick yes the brown land is the passage way ( the land with benefit of a right of way) . Thank you for looking at all the deeds I sent you . I have rights of way as I suspectedMany ThanksMr Gigg

No problem - glad I could help - best of luck

Regards

Nick

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Customer reply replied 3 months ago
Thanks Nick one more question if possible if he continues to deny this right of way
Mediation won't work. There is electric gates between No 7 to No 9.( US). Which we wanted for security what are my legal options please if you can briefly say. Many Thanks Mr Gigg

Hello again

I am not certain that there are any other that have the right of way and whether you can install electric gates.

However if he denies you the right to use the passage then you will need to bring an injunction against him to

allow you to do so.

Nick H
Nick H, Solicitor
Category: UK Property Law
Satisfied Customers: 125
Experience: Ten year qualified Solicitor
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Customer reply replied 3 months ago
That's great Nick this is what I exactly needed to know. Many thanks for all your help and advice. You have been a excellent source of legal ⚖ advice. Many Thanks. Kind Regards ***** *****
Customer reply replied 3 months ago
Thanks Nick for your email just now. My last question and this my last question would be if I took out an injunction against my neighbour re this right of way. How much approx could it cost me. How long approx could the court case take approx and would it be a crown court or high court. This is the last legal question I need to know re this issue. You have been a great help to me. Many thanks Mr Gigg
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