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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We had vehicular access to the front of our house via an "unadopted

Resolved Question:

We had vehicular access to the front of our house via an "unadopted road". A neighbour has gated off the road and padlocked the gate, and refuses to tell us the combination of his padlock. His plot definitely does not include the road. What can we do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Thanks for requesting me but it is not really my area.
Customer: replied 1 year ago.

This does not make sense. The site said you needed 14 minutes. Then it said the question had been thrown open to all experts, and I would be told if they needed more time. Now it's been an hour and a quarter and the site says you need more information but your message does not say what " more information " you need. Please can you be more specific ?

Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How many years did you have access for please?
Customer: replied 1 year ago.

We purchased in 2003 from a vendor who had access since 1994, anecdotal info from our longer standing neighbours is that no-one can remember the road ever being gated or obstructed before

Customer: replied 1 year ago.
Relist: Other.
I have not received an original answer
Expert:  Ash replied 1 year ago.
You need to write using a Solicitor and ask for access or say you will seek an injunction. If there has been 20 years access then there is a Prescriptive Right. This becomes absolute after 40 years.
If they continue to refuse access then you can issue an injunction to stop them blocking access. You would need to complete 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 order. If the Court and it is breached this could be contempt of Court which they could be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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