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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My neighbour has access to his house over some of my land

Resolved Question:

My neighbour has access to his house over some of my land , this has been in place over 100 years as there was no other access. A second access driveway and gates was put in , I don't know when but in the 15 years we have lived here the access over our land has not been required or used . When I parked vehicles there -effectively blocking access - though it was commented on it was not challenged , and for the past year the access has been impassible for my neighbour due to having the ground levelled . This has not been commented on at all . Has my neighbour abandoned any right of access due to it not being used or required , and by not challenging any obstruction ?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Is the access right documented anywhere?
Customer: replied 3 years ago.

Yes , land registry paperwork showing right of access on foot , by carriage or cart . This dates from 1903

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid this is not as clear cut as although easements may be extinguished by abandonment where it has not been used for a substantial period of time, there is a requirement that your neighbour had the intention not to use the easement in the future e.g. When the second right of access was built, you would need to show that your neighbour did this with the intention not to use the right of access through your land.

Just because your neighbour has not used the right of access for 15 years does not in itself mean they have abandoned the easement, they need to have the necessary intention as well.

It will be very difficult for you to claim that the easement has been abandoned I am afraid unless you are able to get the express consent of your neighbour which from what you say is not likely to happen.

Hope this helps

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