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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have a garage that can only be accessed by driving over a

Resolved Question:

I have a garage that can only be accessed by driving over a cobbled roadway owned by the neighbouring church. This has been happening for 25 years+ and I had a verbal agreement when we bought the property 10 years ago that access would always be granted. However our neighbour, who has an adjoining garage is being asked to pay for access. What is the legal position?
Thanks
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Have you always enjoyed a free of charge right of way for the 25 years?Alex
Customer: replied 8 months ago.
We have had free access for the 10 years we have lived here, but the previous owner had access for at least 15 years
Expert:  Ash replied 8 months ago.
Ok - then you cant be charged. You have a prescriptive right of way which is free of charge for over 20 years. This right becomes absolute after 40 years.If there had been less than 20 years access then you would be in difficulty.But on the basis there has been a free right over 20 years then you have a prescriptive right of way which cant be changed.Can I clarify anything for you about this today please?Alex
Customer: replied 8 months ago.
many thanks.
geoff
Expert:  Ash replied 8 months ago.
Happy to help Geoff. If I could invite you to rate my answer before you go today please, otherwise the site doesnt credit me for time spent with you. Thanks. Alex
Customer: replied 8 months ago.
One question then. We personally have had access for only 10 years, so are the years of access transferrable?
Expert:  Ash replied 8 months ago.
Yes, its 20+ years overall access.Does that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 8 months ago.
yes, thanks

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