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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6852
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have a pavement which provides access to the rear of my property.

Resolved Question:

I have a pavement which provides access to the rear of my property. The pavement ends on the entrance gate to my rear garden. One of my neighbours parks his car on the pavement in such a way that it blocks the entrance gate for rear access to my property. Do I have any legal remedy?
Today, my wife was unable to drive the baby pram out from our rear garden.
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.
Is this a normal pavement or is it a private path?
Customer: replied 1 year ago.
It is a pavement on an unclassified road. The rear of my property is the first building on this road and the pavement does not extend beyond my property.
Expert:  Michael Holly replied 1 year ago.
The road may or may not have been adopted so we will look at it both ways.If the road has been adopted and maintainable by the local authority then the Highways Act will apply. Under the Act it is an offence for anyone to park on the pavement and you can get a ticket for it. As such both of you are risking it.If the road has not been adopted then easements are usually included in the title deeds to all the properties that border the road allowing right of passage and preventing anyone from impeding access to the properties. As such, by preventing access he would be in breach of such an easement.If the title deeds do not contain such easements then they are implied by law anyway to enable everyone to have access and so it all worksThis is also a question of manners blocking your gate is rude and inconsiderate. You park there because, presumably, you know whether you are going to use the gate or not . Even if his argument that you park there so why shouldn't he is accepted he should park there in such a way, if possible , not to block your gate. What he is doing is the same as parking across someone's drive.I hope this helps, if there are any further points please respond and I will be happy to reply.Best wishesMichael
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Customer: replied 1 year ago.
Thanks Michael. Your advice is very helpful. i will have further discussions with him based on your advice.Thank you very much.