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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How can I get legal access to my property via an alleyway,

Resolved Question:

How can I get legal access to my property via an alleyway, through prescriptive use by virtue of long use?

There is evidence that all families who have lived at this property going back to early 20th century have had access. 

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Has the alleyway been blocked please?

Customer:

it is a gated alleyway for which I had keys but is now being locked and keys denied, in order for me to copy. Neighbour insists that I am trespassing.

Alex Watts :

If there has been a right of way for over 20 years then you have a prescriptive right of way

Alex Watts :

This right becomes absolute after 40 years

Alex Watts :

But clearly you need to show over 20 years access

Alex Watts :

If you can then you can seek a declaration from the Court that a right of way exists over the land as per the Prescription Act 1832

Alex Watts :

You can also seek a Court injunction to allow access

Alex Watts :

If access is then refused this is contempt of Court and the neighbour could be warned, fined or sent to prison

Alex Watts :

But you have a right of way by prescription and if the neighbour refuses you can seek a Court order

Alex Watts :

I would get a local Solicitor first to write and set out the position, as this may scare him enough to allow access

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have lived at the property since 2001 and have had access since. the previous owners lived here for 19yrs and contributed to the cost of the gates. this is mentioned in the sales document and they also gave me the keys. There is a document with the deeds relating to use by previous owners.



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