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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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HiMy neighbours deeds states " Together with a right of way

Resolved Question:

Hi
My neighbours deeds states " Together with a right of way for the purchaser and his successors in title and his and their tenants but only on foot and in common with all others who have or may hereafter have the like right at all times over the path shown on the plan". This path goes through our garden which I am happy with. My neighbour states that anyone can use the path, but I thought that this was only for the use of anyone who lives in his property....who is right?
many thanks for your advice, yours Nicky
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi

I am happy to wait a bit longer

Nicky

Customer: replied 2 years ago.

Could I add a little more detail. My neighbours do have their own vehicle and foot access 50 yds further up the road, so this is not their only access. This path is just a means of getting into town 30 seconds quicker.

yours Nicky

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Sorry you have had to wait for so long for an answer.

Firstly, your neighbour of course has a right of way ove rhte path, even though he may have other accesses available to him.

The wording in the right "with all others who have or may hereafter have the like right" does not mean anyone can use it. It means that any other property that has been granted a similar right of way has a right to use the path.

I am not sure if you have a copy of your Deeds to hand, but they will show which other property/properties also have this right of way.

You obviously know the length of the path better than I do, but I can only guess that perhaps that only your neighbour's neighbour will have this right at the most.

I hope this assists you and sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Al

thank you for your reply, I am not concerned that it took a little time.

This is exactly what I suspected, the only bit I was unsure about was "in common with all others". You are quite correct there is another neighbour involved as this path feeds two properties, both of which have their own vehicle and pedestrian access. As I said I am very happy for the neighbours to use this path as I was aware of this arrangement when I bought the property, but it is very helpful to know that this it not a thoroughfare for anyone

many thanks for your help