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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33284
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I live in an end terrace which is accessible only by footprint

Customer Question

I live in an end terrace which is accessible only by footprint am I classed as land locked I want vehicle access
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
At the other end of the path are bollards and the path finishes onto a main road which is very busy and a 40mph / 60mph zone ends and begins. I want 1ft access over my neighbour land adjacent to the path to allow vehicle access
Customer: replied 8 months ago.
Would I need to go to court to aquire an easement as my neighbour is being difficult.
Customer: replied 8 months ago.
And also am I entitled to one?
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat makes you think you are entitled to this?
Customer: replied 8 months ago.
There was a previously a road but the road was turned into a footpath many years ago. For the last 6 years I have often driven my car down to my property. I know this doesn't fit into the time scales of 20 years but I just wondered where I stood and if the property is classed as landlocked
Expert:  Clare replied 8 months ago.
What do your deeds say?
Customer: replied 8 months ago.
I don't have them in am in the process of right to buy
Expert:  Clare replied 8 months ago.
Who owns the land you need access over?
Customer: replied 8 months ago.
The land is privately owned and the footpath is council owned. The land which I am requesting access is 1ft in width of his drive which runs adjacent to the footpath.
Expert:  Clare replied 8 months ago.
Was the land previously owned by the council?
Customer: replied 8 months ago.
Yes the property was originally a council house
Expert:  Clare replied 8 months ago.
Then you have a chanceIt is based on this casehttp://court-appeal.vlex.co.uk/vid/eot-52569976and the issue of an Easement of Necessity.It is not a certainty - but it is a possibility. However I would suggest that you seek a written opinion for a Barrister who has ALL the paperwork before you go ahead with the purchase of the propertyPlease ask if you need further detailsClare
Customer: replied 8 months ago.
Thank you. Is the court process a long one or relatively straightforward?
Expert:  Clare replied 8 months ago.
Long - hence you need the opinion first

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