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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A few years ago a verble agreement was reached that said if

Resolved Question:

a few years ago a verble agreement was reached that said if gates were installed resadents on the estate would get acsess through these gates with code given and replaced now and then the only reson they got approval for the gates is they said they would give us acsess. now they are saying that the gates are always under repair so they aretakeing acsess away how do we stand it has bee at least three years but until they put the gats up residents of he estate had use of this party for at least 20 years let me no thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
In short you have been refused access, is that right?
Customer: replied 1 year ago.

the letter says it will stop acsess in October so after that they will change code and no acsess for all resident on this part of estate

Expert:  Ash replied 1 year ago.
Ok, if you have had access for 20 years then you have a prescriptive right. This becomes absolute after 40 years. You should get a Solicitor to write and say you have a right of way and any attempt to block it, you will seek a Court injunction.
If they refuse then you can issue proceedings for an injunction to stop them blocking access by completing forms N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter and decide whether to make an injunction. If the Court does and they refuse then they will be in contempt of Court and could be fined, warned or sent to prison.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex