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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.
Is there anything in the deeds that says she has access please?
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
Sadly no, everything must be online via this site.
Otherwise it is against site rules
her email address is [email protected]
I can not email her either I am sorry
The site blocks it.
ok she and her father have had this access for 20 years but dont know if it is written on the Deeds
Can they check?
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
Ok - you can come back to this question at any time
I wont have to pay again will I ,
No, its a single fee
ok thank you will talk to Barb and come back
Great please do
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
Ok. I can answer in two parts
1) If there is a right of way then it can not be extinguished.
They would need to seek a Court Order preventing the access from being blocked.
This would be in the form of an injunction
2) If they have been using it for 20 years then in any event there could be a prescriptive right of way
This is established after 20 years use but becomes absolute right after 40 years
Again an injunction preventing blocking could be sought
You would need to complete either forms N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
To submit the claim to the Court. A Judge would decide whether to stop the blocking up or not.
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
Can I clarify anything for you about this today please?
Thank you for your advice. I will tell my friend.
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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
Yes you appear to be on pay per question
you didn`t answer my question about only 1 payment being taken please confirm,then I can give feedback
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
Does that help?
yes thank you for your help you have helped put my friends mind alittle more at rest