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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 815
Experience:  Solicitor with over 15 years experience.
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We are having a right of way dispute taht we need advice on. Our n

Resolved Question:

Hi Stuart,
We are having a right of way dispute taht we need advice on. Our neighbour has right of way to the front and back of our house. We are the end terrace. We do not mind her using it but all her family and friends use our back garden path to access her house. e have small children and a pet and have also been burgled by someone entering the back. We would like to know if just because she has access does that mean that all her visitors can use it also? What can we do to prevent everyone using it if anything.
Look forward to hearing from you
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am solicitor with 20 years experience. I am happy to answer this for you although I see you requested Stuart. Let me know if you would like me to answer it or leave the question open for Stuart.
Customer: replied 1 year ago.
HiI don't seem to be able to access any information about you or the reviews. Can you please tell me a little about yourself and your experience.Kind RegardsEleanor
Expert:  LondonlawyerJ replied 1 year ago.
I am a solicitor with 20 years post qualification experience. I have higher rights of audience have been a partner in 2 firms including a legal 500 firm and for many years practiced in criminal defence. I now practice mostly in land law and housing law issues.
Customer: replied 1 year ago.
Perfect.. Thanks.
Yes then please do.
Expert:  LondonlawyerJ replied 1 year ago.
If they have a right of way (I assume this is an easement) the right will attach to the land rather than being personal to an individual or individuals. Generally unless there is some contrary provisions in the deeds or lease then it is a right of way for people having reason to go to the property. Are you both home owners? Is the right of way's route defined on the deeds etc. or could you re-arrange it in a way that impacts less on you?
Customer: replied 1 year ago.
Thank you for your response.
We are both home owners and have tried to come to an agreement to get the pathway changed but she says thats the way it has always been and is not willing to negotiate. The right of way is highlighted on the deeds.
What im really asking is. Is the path by law for anyone to use apart from the owner. Because we get a lot of foot traffic coming pass are back garden that are from people that have nothing to do with the property in question. When they could go to the neighbours own front door.
Expert:  LondonlawyerJ replied 1 year ago.
The easement benefits the neighbours land. Unless it is specifically restricted it can be used by the neighbour, his tenants or any legitimate users of the neighbour's land. That will include authorised and reasonable visitors. You need to look at the deeds to see if any restriction on the use of easement has been placed on it.
Customer: replied 1 year ago.
OK thank you, appreciated
Expert:  LondonlawyerJ replied 1 year ago.
Thankyou. I would be grateful if you would please rate the answer as I will only get credited fro the answers if you do so.
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