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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How many years did you have access for? Do you own or lease the yard please?
Customer: Our access has always existed. Originally the access was to our parent's yard and house. The house was later sold and the yard retained for business use. It has been a commercial yard for about twenty years as far as I know. My sister and I are joint owners and currently hire it out to a marquee hire firm.
Alex Watts : You establish a prescriptive right of way after 20 years use and this becomes absolute after 40 years.
Alex Watts : So if you can show the use for this time you will not have an issue. The owner can not block access.
Alex Watts : If you have always been using large vehicles, then the new track must be suitable.
Alex Watts : What you need to do is write and ask him to fix the situation within 14 days or say you will go to court.
Alex Watts : If he refuses then approach a local Solcitor to write and give him 14 days, this may do the trick.
Alex Watts : If he refuses then you could go to court and seek an injunction that the existing track is reinstated, the new track is up to stanadrd
Alex Watts : Clearly there would be a cost to this but if you won you could seek recovery of those costs.
Alex Watts : Can I clarify anything for you about this today please?
The use of larger vehicles has been occasional - for example our current tenant is leaving after the end of his lease and we need to get skips in and out. Also we plan on developing the site which will require building traffic to cross the bit that he has now designated as private road. We have actually contacted a solicitor who said that we need special surveys done since he has also limited the width and to get this registered with the land registry. All of this is going to cost thousands.
Unfortunately the solicitor is on holiday till next week, which is why I am writing to you. Are you saying we need to act fast or can we wait for them to get back?
Alex Watts :
If its next week, you can probably wait until then
Thanks. I rated you so that's my question answered.
Alex Watts :
Ok it doesn't show as rated, so let me change format