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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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my neighbours and I reside in a run of cottages which are accessed

Resolved Question:

my neighbours and I reside in a run of cottages which are accessed at the front by bridges over a stream, when I bought the property it stated on the deeds that in a conveyance from 1966 the property benefits from a right of way over my neighbours path at the front , down the side of the building to the rear and across the adjacent bridge at No1 to the road beyond

Unfortunately the latest owners of no 1 have taken it upon themselves to erect a chain across the bridge with a private bridge sign

this means that every time we access the property we must straddle the chain which is ok for me as an adult but v dangerous for children or visitors late at night given the proximity of water, we are in a quiet road with no street lighting nearby

Originally we were told by the neighbours that the bridge was private I thought they had given up the ideal but sadly not

my neighbours and I are at a loss and find the behaviour of our relatively newer neighbours to be aggressive and very uneighbourly

anything we can do?

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Am I right in thinking that you have an easement over this bridge in order to access your property? Can you remember the way the right of access is described on the deeds?

Customer:

yes formally I think my access is limited to this bridge, there are two other bridges but nothing

Customer:

has been mentioned in the deeds regarding these, the middle one I still use though as does everyone else, however one of the consequences of a proposed flood prevention scheme will be to remove the central bridge therefore only leaving this one bridge for us to use

Customer:

I have attached office copy from the land registry

Customer:

Thanks again

LondonlawyerJ :

I think they have interfered with your easement. Is the chain removable (I am thinking wheelbarrows, bicycles and light vehicles), if not this is a flagrant interference with your easement. If you are able to you should talk to you neighbour about the chain and show them the easement set out in the title deed and ask them to remove/render moveable the chain.

Customer:

yes it is removable they have place a snapshackle at one end however that is perfectly fine for adults to remove but this is terribly inconvenient each time we access the house and not at all appropriate for children and dangerous in the dark as the road is unlit

Customer:

I have already supplied them with a copy of the easement I sent to you but unfortunately they are very unreasonable and believe

Customer:

they own the bridge therefore they are trying to restrict its use

Customer:

sorry I am not sure how this works they keep asking me for a rating although I was assuming we were still in corresondence

Customer:

it seems that when you rate the conversation is over!!!

LondonlawyerJ :

The question is whether the chain significantly interferes with your use of the easement. It seems likely that the answer to that will be that it doesn't if it has a snapshackle. As long as this is convenient to use then it is unlikely to amount to an interference with your use. They are allowed to put up some marker of private property or to secure the entrance to their land as long as they do not interfere with your right of access.

LondonlawyerJ :

As far as rating is concerned if you rate the answer that will not close the question and I will continue to answer follow up questions.

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