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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70695
Experience:  Over 5 years in practice
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I own a end house the house next door has access for her bin

Resolved Question:

I own a end house the house next door has access for her bin and emergency, at the moment it is like a though fair with nurses daughter etc they will not close the gates leading to her house I have animals, they have to cross my property to get to the back door, the lady of the house will not let them in the front door I have no privacy at all
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is the exact wording of the right-of-way, noted in the deeds?
Does it specify that it is only for bin and emergency?
If it does not, why do you say that it is only for bin and emergency?
Customer: replied 3 years ago.

we bought the house we had not seen the deeds the solicitor stated that it was not a thoughafar as a lot of people were taking advantage, for instant the daughter will come around with a load of shopping and yet she will exit through the front door we do not have any privacy, anymore we are both getting agitated over this 4 nurses come around as well 4 times a day and the last one about 9-30 because the old lady will not go to bed or even open the front door, I wish to lock my gate to the road but the daughter says I cannot,.These are walking within 2 feet of my back door. this has been going on for years even her family who nobody has seen for years. I do not wish for all people to see what I posses on my property, I just need something I can show her. we just want to feel safe.

Expert:  Jo C. replied 3 years ago.
Can get the land registry title deed of your property and from her property from here. They cost £3 each
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
You will then know what the exact wording of the right of ways. I need to know what that wording is.
I am going to need the other information that I asked for.
Have you spoken to your solicitor about this because he will have the file provided you bought the property within the last 6 years.
I'm not certain what you mean by this, “ solicitor stated that it was not a thoughafar as a lot of people were taking advantage”. Can you please explain?
However one thing is certain and that is that the neighbour must not cause nuisance in the exercise of the right and if she refuses to open her front door and all the traffic to her house is coming past yours, that could be nuisance. However if she steadfastly refuses to use the front door, you have no option but to take her to court to bring a claim in nuisance and for an injunction to make her allow people to use the front door. That is not going to be particularly cheap or risk-free and I would suggest that you check your house insurance because if you do have legal expenses cover attached to the house insurance it may pay for any legal costs if you need to take this to court.
If you get back to me when you have the deeds I can tell you if that changes anything. You did say that it was for bin and emergency only and that is very relevant if that is the case
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