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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a question around right of way. My property backs on

Customer Question

Hi
I have a question around right of way. My property backs on to set of garages. We have had the property in the family for over 45 years. My property has had a garage which has a garage that leads into garages. The bone of contention is about right of way. I have been advised I do not have right of way. And need to request permission to gain access to my garage door. Also we had a fence door that led to the garages. I have photo graphs of this.
What is my legal position. The garage owner have said I can gain access whenever I want but need to request persmission.
Submitted: 6 months ago.
Category: Law
Expert:  Aston Lawyer replied 6 months ago.

Hi, thanks for your enquiry.

Do you have your Deeds to hand to see if you have any express right of way. If so, I am happy to look at these if you could forward them?

If not, could you confirm that you have always had free use of the right of way (ROW) for 20 years or more, during which time you have never had to request permission to use the ROW?

Finally, could you confirm how long you have lived at the property?

I look forward to hearing from you.

Al

Customer: replied 6 months ago.
Do you have your Deeds to hand to see if you have any express right of way. If so, I am happy to look at these if you could forward them?Attached Southfileds_main plot forwarded by garage owners. The have said they have nothing say I do have access and like wise nothing that says I don'tIf not, could you confirm that you have always had free use of the right of way (ROW) for 20 years or more, during which time you have never had to request permission to use the ROW?
Correct. Also forwarded confirmation of garage and fence door that had access.Finally, could you confirm how long you have lived at the property?
The property has been in the family for over 45 years. I was born hear but I have been in and out of the house over the years. Currently I have been in the property for 1 year.
Expert:  Aston Lawyer replied 6 months ago.

Thanks.

Please give me 15 mins to review the paperwork, and I will then come back to you.

Kind Regards

Al

Expert:  Aston Lawyer replied 6 months ago.

Hi Majeedullah,

I have now gone through the paperwork you have provided.

I confirm that 152 does not benefit from any express right of way (ROW) over the Garage area. If there was such a right, it would be mentioned in the Property Register of your Title being numbered SGL111015.

Likewise, there is nothing in the title (410822) to the garage area stating that 152 has a right of way.

As you have no express ROW, you would need to seek permission from Mr and Mrs Wentzel to use it UNLESS you can prove that your property known as 152 has had the benefit of unrestricted access over the garage area for 20 continuous years or more. This use must have been used frequently (normally at least 20 times a year), without dispute and without any express consent of the owner of the garage area.

If you are able to swear a Statutory Declaration confirming the above, your property has acquired an "easement by prescription", meaning that a legal right of way has been created, and that right of way can continue. Although such a right exists automatically after 20 years, it is best to register the easement at the Land Registry. You should consult a local Conveyancing Solicitor to do this for you as there is a set application form to be submitted.

I hope this assists and sets out the legal position.

If I have helped, please don't forget to rate my answer.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10233
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 6 months ago.
HI Aston
Should I notify the garage owners of the following action you have prescribed or just do it? Also do I break any laws if I access the garage doors etc without their permissionIf you are able to swear a Statutory Declaration confirming the above, your property has acquired an "easement by prescription", meaning that a legal right of way has been created, and that right of way can continue. Although such a right exists automatically after 20 years, it is best to register the easement at the Land RegistryAlso do I break any laws by accessing my garage doors from the back
Expert:  Aston Lawyer replied 6 months ago.

Hi,

I wouldn't mention it to them- just crack on and apply tot he Land Registry.

If you are confident (which I think you are) that your property has had the benefit of the ROW for 20 years, you wouldn't be breaking any laws by using the garage area to access your garage doors- if the owners do turn nasty, I would suggest that you inform them that you have taken legal advice and that an easement by prescription has been acquired.

Good luck!

Kind Regards

Al

Customer: replied 6 months ago.
Thankyou very much :)
Expert:  Aston Lawyer replied 6 months ago.

You're welcome.

All the Best

Al

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