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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I have had vehicle access across some land behind my house

Resolved Question:

i have had vehicle access across some land behind my house for 26 years with my neibours consent but now he has put up a gate to stop all access what can i do
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi

Can you establish your 26 years' use? Any evidence?

If so, you have what is known as a prescriptive right because you have been doing this for at least 20 years.

A right of way/access cannot be blocked. You can get an injunction against the neighbour by going to court (likely that the neighbour will have to pay your costs if you can establish the prescriptive right). Alternatively, you can remove the gate ( this is a self help remedy) but you will have to give the neighbour written notice of your intention to do this. Not much notice is needed.

Do you have any questions or queries in relation to my reply? I am happy to assist further.

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Customer: replied 1 year ago.
i have photos of my wife stood with the cars heaverly pregnant with our first daughter whos now 24 it is a big bit off land which he bought to stop somebody from building a house on he recently sold it to hts daughters who say we have no right of way because it was never put in wrighting and they erected the gate parking at the front is near inpossable because its a small cul de sac and my self and my wife are registered dissabled and we both recieve motabillity for this