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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I have purchased an old terrace house. I have a gate at back

Resolved Question:

I have purchased an old terrace house. I have a gate at back of house and all neighbours use the exit alley. I am at the end. Neighbours have barricaded my excess via gate. They have two dogs to run free in their yard. The space is covered in dog excrement.
The garden was extended next door and fences access changed since I looked at house and purchased. Can I have legal access based on some law declaring access from 1970 houses?
What can I do......
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Can you explain the position to me a little more please? Is this an alley at the bottom of the gardens? Why do you say you have a right of way along this alley?

Customer:

The house was built in 1886, an end terrace of 7 cottages for mill workers. At the back is an access walkway. It gives access to gardens. I have a gate to it. A deed dated 1966 gives sewage and water right access. I really have no other information or deeds.

Customer:

Many people tell me there are rights of access, based on homes built pre 1970 and as the other cottages have access. Does this help?

LondonlawyerJ :

Not really. Who does the land along which the path runs belong to? What if anything did you solicitor say when you purchased the property about right of way and do you know how long the path has been used to gain access to your property and/or how long this has not been happening for due to the extension of the garden?

LondonlawyerJ :

I am in meetings for most of today but will look here again later.

Customer:

I ha e. O answer to any of the questions. How can I do d out.

LondonlawyerJ :

Without answers to those questions it will be very difficult to answer your original question. Am I right on thinking that your neighbour has extended his garden and blocked your access to the path? When did he do this? When di dyou buy your house and did you use the path in the past? If so for how long?

Customer:

Hello.

Customer:

Purchase was in May 2014. Never used path as blocked when moved in.

Customer:

I purchased house end may. Many issues with neighbours. House still empty.

Customer:

When I looked at house March able to walk down to back gate of my yard.

Customer:

Just interested if I can walk through. Dogs now have free access.(neighbours dogs and excrement on path)

LondonlawyerJ :

It is very likely that a right of way was created when the cottages were built. If the next door neighbour has occupied the lnad wher the path goes without complaint or permission for over 12 years then he may have acquired ownership through squatter's rifhts but this iwl not extinguish your right of way if it exists. I hope this answer is helpful.

Customer:

How do I find out who owns it. Can I legally get a right of way legally?

LondonlawyerJ :

This is something your solicitor should have advised you on. Did he put anything about rights of way in his report on property for you, did the vendors mention it as they were selling? You should check your conveyancing documents or contact your solicitor.

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