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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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My neighbour is building new fence and adding gate for rear

Resolved Question:

My neighbour is building new fence and adding gate for rear acces over my land where none was there before. I don't mind occational access, but what can I do to prevent this turning into a presidence for right of access.
Could a letter stating this access is purely courtesy be sufficient, or would that have no bearing in the future.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, could you let me know for what purpose your neighbour wants to access your land? Kind Regard Al

Customer: replied 1 year ago.
He wants to save having the window cleaner climb his fence when doing the back windows. I assume also to allow items to be taken via this cut other than through his house.
Customer: replied 1 year ago.
Just to add, he is fitting a gate between him and his neighbour for the same reason. As I say, no problem, but thinking if neighbours move. I am able to lock my gate to my back garden so cut off access, but again, just worried about 10 years down the line/new neighbours.
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply. Well, as I am sure you are aware, there is of course no reason whatsoever why you should grant access. If you are happy to do so, you need to make sure that your neighbour does not acquire any legal right of way. Provided you give written consent for the neighbour to have access, no such long term legal right becomes created, and all the neighbour has is what is called a "Licence" (which is a right and which remains in place until the party who grants the right, terminates the right). To avoid any potential argument in later years as to what right, if any has been created, your agreement should be noted in writing. Ideally, and what you should do, is to prepare a Licence agreement, which is a simple enough document, confirming that you grant access to your neighbour. It will also set out that the right can be terminated by you at any time. The Licence should be signed by both parties. A local Conveyancing Solicitor would probably charge £350-£450 plus VAT to draw up the Agreement. If you do not wish to spend money on a Solicitor, you could prepare a simple statement setting out the above, and get your neighbour to sign it as well as yourselves. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

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