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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a private rd which runs along side my house it is owned

Customer Question

I have a private rd which runs along side my house it is owned by my neighbour have vehicle rights to use this rd to get to my garage I have been walking on this rd for 2o years my neighbour now has sent me a soliciters letter saying I cant walk on the rd only drive my car can he do this
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

Do you have your Deeds to hand to confirm exactly what it says as regards your rights over this private road?

 

I take it that you need to walk along the road to actually get to your garage or is there another means of accessing your garage?

 

Any further info you can give would be great.

 

I look forward to hearing from you.

 

Kind Regards

AL

Customer: replied 3 years ago.


there is another way to access my garage the council sold this rd to my neighbours house former owner 30 yrs ago for £5 as they did not want responsibility for the rd my house was granted indefinite vehicular use my neighbour now says it cant be walked on only to open or shut my gate


 

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Thanks for your reply.

 

On the basis that your Deeds only grant you vehicular access, provided you have used the road uninterrupted and without dispute for 20 years or more continuously, then you have acquired a "right by prescription".

 

This basically means that you have acquired a legal right to use the use the road for pedestrian purposes.

 

Although such a right has been automatically acquired by you just by the fact that you have used it for 20 years, you can back this up by applying to the Land Registry for a prescriptive right, by providing a statement of fact, setting out your use of the road. If successful, the Land Registry will then note your interest on your neighbour's Deeds.

 

I would therefore recommend that you seek advice from a local Solicitor who will be able to advise you fully on this and in the first instance by writing back to your neighbour's Solicitors setting out your case.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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