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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 a shared passageway between my house and a neighbours,

Resolved Question:

hi, i have a shared passageway between my house and a neighbour's, this passage is shown on her deeds, and states on mine that we have right of way at all times.

the neighbour has stored her belongings in the passage for some years, and leans them against my wall. as a result i have had to deal with damp problems.

I wrote to her asking her to move the items within 7-days so we could treat the wall. she has ignored this request for 3 weeks. can i now give her another week's notice then remove her items for her?
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 :

Yes you could certainly do that.

Alex Watts :

You have a right to get the items removed so that your wall can be treated.

Alex Watts :

If she refuses you can seek a Court Order under the Access to Neighbouring Land Act

Alex Watts :

This is a Court Order which compels that you are allowed access to maintain your property

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

yep a couple of things 1-- My 1st letter on 22nd feb gave her 7days notice, second letter i'll send tomorrow was giving her 5 days - would that be seen as reasonable?

Alex Watts :

1. Yes

Customer:

and as there is quite a bit of stuff do i have to put it back - which doesnt solve the problem, or can i dispose of it, or put it on her land?

Alex Watts :

You cant' dispose of it, but put it on her land

Customer:

Perfect, finally is there a line that i could use that's more 'legal' than


I believe having given you considerable and reasonable opportunity to remove your items, if you do not move them by xx I am within my right to move them to your property...

Alex Watts :

Yes and you can say that if access if further refused you will seen an order under the Access to Neighbouring Land Act 1992


Customer:

okey dokey - seems pretty simple. 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’.


 


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Customer:

cool very helpful, one other thing crossed my mind which i can get detail from another day - can one appeal to have a right of way removed from a neighbour and moved to my home if there is no longer a logical reason for it being 'owned' by them? this dates back 200-300 years so i guess the need has changed

Alex Watts :

Well potentially but if you have being using it then no.

Customer:

ok, thanks

Alex Watts :

All the best - please remember to take a moment to leave feedback before you go today

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