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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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The boundary of my property runs along the wall of the adjacent

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The boundary of my property runs along the wall of the adjacent house. At the narrowest part it is one metre from my door. There is a right of way to my neighbours
36inches wide back gate. I have to maintain this path as I own it. My Neighbours tenant is demanding the right be able to bring his large motor bike along this path. He is demanding that I take my 36inch gate down as it is preventing him from getting his bike through.I think he believes he can store his bike on my path just outside his back gate.Is this right of way vehicular access and can he keep his bike on my path?
My husband is now disabled and uses a wheel chair, I am hoping to install a movable ramp by my door to enable my husband to get in and out easily Can the owner of the property next door or her tenant force me to take down the gate and prevent me installing a ramp?
My house is 3 Rose Lane Elm Wisbech PE14 0AF
Thank you for your advice
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The first point is that the tenant is out of order in this situation. Whilst there might be a right of human passage over your land to your neighbour's back gate, even this would have to be granted by deed in order to be valid. Otherwise it would have to have existed for 40 years in order to be valid. The second point is that this right of passage would not extend to vehicular access, so this tenant has no right to bring his motor bike over this area.
Expert:  Buachaill replied 1 year ago.
2. Additionally, there is no right to park his motor bike on your land or property. So there is no question of this tenant being allowed to park his motor bike on your land. So you should write formally to the tenant and point out the land ownership and the fact there is no right of way here. Only a permission given by you to use the path.
Expert:  Buachaill replied 1 year ago.
3. The other thing is that the tenant has no ability to tell you to take down the gate. So you shoudl simply ignore him. Nor does the landlord next door have any right to tell you what to do with your property. So again if he insists, you should get a solicitor's letter written to him telling him to leave you alone.
Expert:  Buachaill replied 1 year ago.
4. The only way your landlord neighbour could prevent you putting in a ramp would be if there was a right of way marked on your title deeds. If there is no right of way marked, then they cannot stop you doing what you want with your land and installing the ramp. So check your title deeds from the Land Registry.
Expert:  Buachaill replied 1 year ago.
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