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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My friend who is disabled has always been able to access her

Resolved Question:

My friend who is disabled has always been able to access her property by a driveway owned by another party, this has been the case for over 20 years. Recently the other persons who own this land have told her she has to make another entrance into her property and they will fence her gateway up . Are they able to do this
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 :

Is there anything in the deeds that says she has access please?

Customer:

would it be possible for you to talk direct to Barbara my friend if I give you her email address she is very upset about this and I am worried for her well being as these neighbours have been giving her a hard time for a long time

Alex Watts :

Sadly no, everything must be online via this site.

Alex Watts :

Otherwise it is against site rules

Customer:

her email address is [email protected]

Alex Watts :

I can not email her either I am sorry

Alex Watts :

The site blocks it.

Customer:

ok she and her father have had this access for 20 years but dont know if it is written on the Deeds

Alex Watts :

Can they check?

Customer:

can do but my only communication to her is by facebook as her phone has been down since the storms. if I clck onto facebook I will lose my connection with you unless you tell me how to reconnect with you again, I am not very computer literate both of us being elderly

Alex Watts :

Ok - you can come back to this question at any time

Customer:

I wont have to pay again will I ,

Alex Watts :

No, its a single fee

Customer:

ok thank you will talk to Barb and come back

Alex Watts :

Great please do

Customer:

She is not sure as her brother has the deeds and is not available to help her at present but can you tell me what is the likely scenario if this right of way is not on the deeds,can she claim historical rights of access as it would be very difficult to make a new access to her property. And if the access is on her deeds then I presume the other parties will just have to accept this.The neighbour has given her till friday to make other arrangements or else he is going to fence her in, so you can see why she is worried

Alex Watts :

Ok. I can answer in two parts

Alex Watts :

1) If there is a right of way then it can not be extinguished.

Alex Watts :

They would need to seek a Court Order preventing the access from being blocked.

Alex Watts :

This would be in the form of an injunction

Alex Watts :

2) If they have been using it for 20 years then in any event there could be a prescriptive right of way

Alex Watts :

This is established after 20 years use but becomes absolute right after 40 years

Alex Watts :

Again an injunction preventing blocking could be sought

Alex Watts :

You would need to complete either forms N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

To submit the claim to the Court. A Judge would decide whether to stop the blocking up or not.

Alex Watts :

Or you may need to get your friend to instruct a Solicitor to deal with the matter. She may or may not be entitled to legal aid

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for your advice. I will tell my friend.

Alex Watts :

Thank you.

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:

This payment is a one off payment isn`t it as I cannot afford to pay any more, they wont take monthly payments will they as I only wanted to ask 1 question

Alex Watts :

Yes you appear to be on pay per question

Customer:

you didn`t answer my question about only 1 payment being taken please confirm,then I can give feedback

Alex Watts :

Any questions about billing need to go to customer service for clarification as I can not see those details. But my end shows you are charged a one off fee

Alex Watts :

Does that help?

Customer:

yes thank you for your help you have helped put my friends mind alittle more at rest

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