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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Can items be permanently left in a private passageway that

Customer Question

Can items be permanently left in a private passageway that is a right of way.?
Submitted: 1 year ago.
Category: Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
-Could you explain your situation a little more?
Customer: replied 1 year ago.
My mother bought a terraced house with a passageway to the right of the house. The passageway is owned by the nest door neighbour. It has a locked door to which we have a key. The neighbour refused to acknowledge at first that there was a right of way. We had taken out insurance and the time of purchase which we used to establish the right of way and it is registered with the Land Registry. The neighbour was asked to empty the passageway of all items on the floor and propped against the wall together with his wheelie bin and recycling box. We have written agreement from him and his solicitor that this would happen. It did for one day! Then he started keeping various household items, building materials, car bits and pieces. They come go but the passageway is never empty. Mu mother is 91 and suffered a catastrophic injury to her right leg requiring extensive surgery and rehabilitation. She can walk but is unsteady on her feet. She is scared of tripping over items in the passageway and we never know what is going to be in there. We have continued to ask him to move these items and last week my mother wrote. His partner ( not the house owner) replied she would do us for criminal damage if we touched anything. I know that is the case so just wrote again saying she has right to use all of the passageway as it says on herveasement.
Customer: replied 1 year ago.
I have copies of all correspondence from the neighbour and the solicitors on both sides relating to the Land Registry issue. We paid all his costs.
Customer: replied 1 year ago.
Also my mother has carers who have expressed concern that it can be difficult to get down the passageway at times when they put out her wheelie bin. They document this and have reported this to their employer. I am now taking daily photos of the passageway.
Customer: replied 1 year ago.
So where do we go from here.?
Expert:  UKSolicitorJA replied 1 year ago.
Thank you.
Your mother would need to apply to the court for an injunction stopping her neighbour from interfering with her right of way. She would need to show that the neighbour is substantially interfering with her right of way which seems to be the case here given her age and circumstances I.e. She cannot reasonably use her right of way due to the obstruction.
I suggest that photographs be taken of the obstruction and copies of all correspondence with the neighbour which evidence should then be taken to a local solicitor who deals with such issues and who is able to apply to the courts for an injunction.
This is a civil matter so the police will not get involved.
A summary of the court process is set out here
http://uk.practicallaw.com/2-211-3117
Hope this helps
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I had hoped we might be able to avoid this but it seems we have no choice.
Expert:  UKSolicitorJA replied 1 year ago.
Good luck
Customer: replied 1 year ago.
Would you like to the outcome? It might be sometime but I am happy to let you know for professional interest.
Expert:  UKSolicitorJA replied 1 year ago.
Yes, I would be interested to learn of the outcome. Thank you and wish you all the best in the court process.