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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Next door neighbours refuse to accept I have a right of way,

Customer Question

Next door neighbours refuse to accept I have a right of way, even though it is clearly written in the deeds, and block the entrance to and from my home with their cars. Have checked with land registry that my documents are correct,and they are blatently breaking the law. What can I do. The local council say they can't help.
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI I will try and help

Matt Jones :

a couple of questions, how long have they been blocking your driveway?

Matt Jones :

and how long have you owned your property?

Matt Jones :

do you have house insurance?

JACUSTOMER-va8ay2qp- :

I have owned this property since 1997

JACUSTOMER-va8ay2qp- :

Yes I have house insurance

Matt Jones and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

They have been blocking my driveway since they moved in. I asked thecouncil for advice. They told them it was illegal. Things improved for a while. Then they parked on my Right of way so I had to ask them to move every time I went out. But since October2014 they have had building workdone & the builders park their vans all day on my right of way. I am left with a space to squeeze through & have to walk through thick mud as well, anyone who visits me also has this pleasure. It does not affect any other properties. The property I live in is known as 32b. They live in 32a. I owned & lived in 32a originaly. 32b was once part of 32a, but was legally made into a separate house and I moved into it. Shortly after moving in she told me she was going to make it back into one house. I know this is not possible unless she buys my house. Having lived here for 45 years I do not wish to sell.She is making my life a misery

Expert:  Matt Jones replied 2 years ago.
HI thanks for the reply.
If your neighbours are obstructing your right of way then you have the right to enforce this against them. In order to prove this you would need to evidence this by photographs and so I would suggest (unless you have done this already) you begin to take photographs and also keep a diary of the dates and times that the right of way is obstructed.
Unfortunately this is a civil matter and not a police or council matter. You have to take matters on yourself. In the first place you should get a solicitor to write to them putting them on formal notice to stop obstructing your right of way. I realise that you are a pensioner and so you may be able to turn to your home insurance to cover you. If you have "legal protection cover" it may be that they will cover just such circumstances that involve a dispute over your home, and they will pay for a solicitor to write to your neighbour.
Alternatively you can check whether you are eligible for legal aid. Unfortunately sucessive governments have cut the budget for legal aid right back, however it may be that you still apply:-
Check this out here:-
https://www.gov.uk/check-legal-aid
I hope this helps. Please ask any follow up questions if you wish