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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have access via a strip of pathway between my propery and

Resolved Question:

I have access via a strip of pathway between my propery and my neighbours for maintenance & to gain access to my fuse box. It has come to light that this land is not owned by anyone & my neighbour has since put a claim in for it with the LR. I have no problem with this claim but my neighbour has written saying that they will not give permission allowing my builder to tile the roof on a small ground level en-suite that I have been granted planning for - where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.Could you please just confirm whether your Deeds grant a formal right of way over the land in question, for the purpose of gaining access to the fuse box?If not, I trust that you have had free access during the length of your ownership of your property?I look forward to hearing from you.Kind RegardsAl
Customer: replied 1 year ago.
Hi Al, property was purchased in April 2014 & yes the deeds state access granted whenever required in an emergency & if maintenance is required (paint the wall) then we need to advise the neighbour in writing.Many thanks
Sally
Expert:  Aston Lawyer replied 1 year ago.
Hi Sally,Apologies for the delay.Well, I'm glad to say the following-1. As you have rights in your Deeds, these rights remain in place forever, for the benefit of your property. Hence it does not matter if the land upon which you have rights changes ownership- the land is subject to the rights granted in favour of your property.2. The Land Registry will never grant any applicant possessory title to land (which is the application your neighbour would be making), if it is subject to rights benefitting any adjoining property. Hence, there is no way that your neighbour will ever be abe to claim the land.I hope this assists and puts your mind at rest.Kind RegardsAl
Customer: replied 1 year ago.
Hi Al,This really is good to know. ☺.With regards ***** ***** the new roof. The tiling is essential to the completion of the building and can only be carried out from my neighbours side, if notify them in writing of the works & a schedule do they "have" to allow access?Many thanks
Sally
Expert:  Aston Lawyer replied 1 year ago.
Hi Sally,Provided you only need access on to the strip of land which is no mans land, you do not need to obtain consent from your neighbour.Hope this clarifies the position.If so, I would be grateful if you could rate my answer.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi Sally,Can I assist you any further?If not, I would be grateful if you could rate my answer.Best WishesAl
Expert:  Aston Lawyer replied 1 year ago.
Hi Sally,If I have assisted you, I would be grateful if you could rate my answer, so I may get credited for my time.ThanksAl
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