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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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I live in a terrace house and have a right of way round the

Resolved Question:

I live in a terrace house and have a right of way round the side of my neighbours house he has put a large gate up across my access which he now bolts so I cannot access my property from the road and he also has started parking his car against gate so we cannot get our dustbin/ bikes through I have a document of my deeds and this says I have 24 hours access to the right of way i went to put my bin back last week and could not get through gate as he had bolted it from other side I asked him why it was bolted and he said security and within half an hour it was bolted again
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this question for you.
What is the purpose of the right of way and do you know the wording of the easement in your deeds?
Customer: replied 2 years ago.
The purpose of the right of way is to allow us to get our bins and bikes out as we have no other way of doing so. The easement is worded at all times by day or by night to pass and repast on foot only if desired pushing bicycles through over and along the pathway across no*****
Expert:  LondonlawyerJ replied 2 years ago.
If your neighbour is blocking this so that you can not do these things and talking to him normally is ineffective. Then you may need to put in writing to him something like what follows:
1 you have an easement, right if way,
2 describe the nature of your right of way
3 that he is interfering with your use of your right of way. Describe how.
4 that this is causing incovenience distress etc.
5 that you appreciate his need for security (if you do) and that he could secure his gate with a losk that you have a key for so that you can access as and when necessary.
6 that you are willing to split the costs with him (if you feel like being generous and out of goodwill).
7 Requiring him to do this within a set period of time (say 2-4 weeks)
8 Saying you will take legal action if he doesn't, seeking compensation and for him to pay your costs.
You could split this into 2 letters, the second including time frames and threats of legal action.
Customer: replied 2 years ago.
Is it possible to ask him to remove bolts from his gate
Expert:  LondonlawyerJ replied 2 years ago.
Yes.
Customer: replied 2 years ago.
If he refuses to do this could we get a solicitor to write him a letter to do so and if so would this be you or do we need to get someone else
Expert:  LondonlawyerJ replied 2 years ago.
You could do it yourself using the rough template I have given you, or I could do it as an additional service or you could instruct a solicitor to do it in the orthodox manner.
Customer: replied 2 years ago.
Ok thank you how much would it cost for you to do this
Expert:  LondonlawyerJ replied 2 years ago.
I would suggest an extra $100.00
LondonlawyerJ and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ok thank you we will try writing and if not we will get back to you