How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask propertylawyer Your Own Question

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 215
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
Type Your Law Question Here...
propertylawyer is online now

What rights do I have to retain rear access to my property

Resolved Question:

What rights do I have to retain rear access to my property from an unregistered Mews? I recently bought the house, a late Victorian 2 X storey terrace, which backs onto a news and which At present does not have a gate in the fence, although many of my neighbours do and I plan on putting one in very soon. However a property developer has bought the site on the opposite side of the mews and is proposing to put parking bays and concrete planters all along the fence line of the terrace, which would obviously block any access. Can they do this legally?
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
what is the best way of establishing and protecting my rear access for the furure
Expert:  propertylawyer replied 4 months ago.


I hope I can help.

Are there any rights reserved on the register of title for the benefit of your property over the unregistered mews?

Have you done a land registry search to determine if the mews is actually unregistered?

Even if it is unregistered any easement should have been registered as a land charge against the unregistered land. It is possible to do a land charges search to establish this.

If no formal rights exist then you will have to establish a prescriptive right. This means 20 years uninterrupted use. Clearly you cannot do this as you have just bought the place. You would need to contact the seller to see if he/she would provide a statutory declaration confirming the rear access via the mews for a 20 year period.

if you can establish a right of access, either formally or informally via a prescriptive right then this cannot be blocked.

If you have any further details on the deeds to your property or the unregistered neighbouring property then I can assist further.

I hope this helps. Please do not hesitate to come back to me if you have any further questions or queries.

Customer: replied 4 months ago.
Surely the fact that the mews, which is a public through road and is in constant use by cars and pedestrians. Also the existing parking bays are exclusively on the opposite side from our fences, maintaining uninterrupted access to our rear gardens. Is this not enough to establish prescriptive rights? Since the mews is a through road and not private, it could be a public highway, but I have been reliably informed that it is not. Also the fact that these houses would have been constructed with rear access as standard for coal deliveries. There is nothing in my deeds that states either way.
Is there anything I can do now such as make a planning application for a dropped curb or similar to circumvent the issue?
Expert:  propertylawyer replied 4 months ago.

Hi Harriet

Have you enquired with the Highways department of the local authority, they can give you the status of the mews. Regardless of the status of the road you need to establish that you can currently access the property off the mews and that this has been done for some time. It sounds as if the rear of the property is currently fenced with no direct access on to the mews and that your intention is to install a gate in order to access the mews from the rear.

I cannot see how the developer can relocate the parking to the other side of the mews without permission. Do you know if this has been applied for?

You could apply for planning permission to install a drop curb - I am unable to comment as to the chances of success in obtaining this on the facts to hand. An application would take up 8 weeks.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 215
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Law Specialists are ready to help you

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice