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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have used the access road to my property years, part

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I have used the access road to my property for 28 years, part of this land belongs to my neighbour and he moved to the next door property 2 years ago and wants to erect a fence to demarcate his boundary. This will create a problem of access to my property and also the fencing will be in front of my house which will be an eye sore. What are my rights to preserve the status quo. I have continually used the same access for 28 years and the previous owners did not object. I was emailed by the next door neighbour that he plans to erect the fencing over the next week end 2nd and 3rd January 2016. What should I do to prevent the erecting of the fence and my legal rights. Many Thanks. Dr. P. Gaminiratne
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Will the fence prevent you from using the access road?
Customer: replied 1 year ago.
No, but the access will be more restricted to drive a car in and out
Expert:  Ash replied 1 year ago.
So you wont be able to drive a car in and out? Or it is just tighter?
Have you driven a car in and out for 28 years?
Customer: replied 1 year ago.
Yes I have used the access for 28 years
Expert:  Ash replied 1 year ago.
So you wont be able to drive a car in and out? Or it is just tighter?
Customer: replied 1 year ago.
It will be tighter and will be difficult for larger vehicles
Expert:  Ash replied 1 year ago.
But you can get access, even if its difficult?
Customer: replied 1 year ago.
Yes, but the right of way is established for over 20 years which is the cut off time
Expert:  Ash replied 1 year ago.
Yes I agree. But you are not being prevented from access. I asked if you can get access even if its difficult and you said yes. You confirmed you can drive drive vehicles down there even larger ones and you agreed you could. Therefore i do not think that a Court will stop this given that you can still use the road, it will just be made tighter.
However I will outline the process for you. This would be by way of injunction. You can ask the Court to grant an emergency injunction which they can do within 24 hours to stop the work going ahead.
you would need to complete forms N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter and decide whether to grant an injunction. If the Court does and it is breached, this is contempt of Court and the neighbour can be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Many Thanks, ***** ***** email the neighbour to see his response.
Expert:  Ash replied 1 year ago.
Great. Good luck with this Dr Gaminiratne
Alex
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