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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have access through next door but ones garden to a piece

Resolved Question:

Hi, I have access through next door but ones garden to a piece of land of mine that my garage is on and the new couple who have moved in have been making it hard as in putting wheel barrows, pallets etc on the path but as it hasn't been fenced off I have been going around these items. They have also been putting there dogs wast on the path also and having a little girl of 6 years it hasn't gone down to well with myself. They have recently put a fence up and put it on the correct line of 5' away from the boarder but have made it very muddy and messy due to the bad weather recently. To give you an idea, the path is 5' wide and 63' long and the fence is 6' high. As I know that they own this land, is it up to them to pay for it to be put into order and stone it up or alike ?. If there response is go f*** yourself then can I have them ordered to have it done. I have been in a bit of trouble in the past and they know this and are trying to push the wrong buttons and have even lied to the police saying I have punched him in the stomach (but I never). Don't get me wrong we live in a very nice part of Warrington Cheshire wa46tg 146 and we have been here for 4 years now and love it. It's a small village and I get on with everyone and they have been here for 6 months, seems years though lol. Any advice would be greatly appreciated. Thanks Andy
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

How many years have you had access for?

Customer: Since the property has been here 102 years. It is in the deeds
Alex Watts :

OK - then not only do you have a right, but you have a prescriptive right which is absolute.

Alex Watts :

What you can do is this:

Alex Watts :

1) Speak with them and explain the situation that you have access and they are hindering it

Alex Watts :

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

Alex Watts :

You have a right to unhindered access

Alex Watts :

3) If they continue to refuse then you can issue proceedings to allow access

Alex Watts :

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

Alex Watts :

The Court will decide whether to grant an Order allowing and securing access

Alex Watts :

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

Alex Watts :

But this is the way you can resolve your problem

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You could also try speaking with the Landlord as they may be more helpful

Customer: I have the access it's just the condition of the path now. It is very muddy and slippery my daughter fell the other day and our house is getting dirty every time we use the path. They say I am not to put any stone down.
Alex Watts :

Ok - then you need to deal with the Landlord. The condition is the responsibility of the Landlord.

Alex Watts :

But again if someone falls, there could be a personal injury claim against the Landlord.

Alex Watts :

Can I clarify anything?

Customer: They own the house as I do too so are they responsible for the condition of the path ? And if so do I get a solicitor to write to them telling them to correct the condition ?
Alex Watts :

Oh I see - yes in that case they are responsible for the condition of the path.

Alex Watts :

I would get a letter setting out the position in terms of the path and that there has already been one fall

Alex Watts :

They would be personally liable for any personal injury claim - that should frighten them

Alex Watts :

Does that help?

Customer: It does and I am very great full for your help. Thanks
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: Ok thanks again
Alex Watts :

All the best

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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