Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How many years have you had access for?
OK - then not only do you have a right, but you have a prescriptive right which is absolute.
What you can do is this:
1) Speak with them and explain the situation that you have access and they are hindering it
2) If they refuse then get a Solicitor to write a letter setting out your position and that you would take access if they refuse to allow you
You have a right to unhindered access
3) If they continue to refuse then you can issue proceedings to allow access
You would need to complete forms N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will decide whether to grant an Order allowing and securing access
If the court does and they breach it, this is breach of a Court Order to which they could be warned by a Judge, fined, sent to prison for all 3
But this is the way you can resolve your problem
Can I clarify anything for you about this today please?
You could also try speaking with the Landlord as they may be more helpful
Ok - then you need to deal with the Landlord. The condition is the responsibility of the Landlord.
But again if someone falls, there could be a personal injury claim against the Landlord.
Can I clarify anything?
Oh I see - yes in that case they are responsible for the condition of the path.
I would get a letter setting out the position in terms of the path and that there has already been one fall
They would be personally liable for any personal injury claim - that should frighten them
Does that help?
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