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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1228
Experience:  Solicitor
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A neighbour is blocking a alleyway between my property and a

Customer Question

A neighbour is blocking a alleyway between my property and a few other prop
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: A neighbour is blocking a alleyway between my property and a few other properties and i have spoken to the local council who have advised that this section of land is not highway and was never adopted by the council. (the land and the road have the same title deed). The name given on the land registry file gives the title absolute as been signed in 1942. am i required to find this person and are they responsible for the land?
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

hello my name is ***** ***** I will help you.

For now please let me know how long you have had access to this alley for please?

Customer: replied 2 months ago.
I have had access since buying the property. I have been advised the land has covenants on it which keeps the rights of all properties that adjoin the land to have equal un-encompassed right to pass and re-pass. The issue is a gentlemen has parked his vehicle in the alleyway meaning this access is not possible.
Expert:  Jamie-Law replied 2 months ago.

Ok. Then you have a Prescriptive right which you gain after 20 years. This right becomes absolute after fourty years.

You need get a solicitor to write and ask for access for say you will get an injunction.

If he refuses then you can issue proceedings using form n1

https://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdf

And n16a

https://formfinder.hmctsformfinder.justice.gov.uk/n016a-eng.pdf

The court will list the matter down and decide whether to grant an order requiring access. If the court does and he refuses this is contempt of court and he could be warned, fined or sent to prison.

But you have a prescriptive right of way gained after 20 years.

Can I clairfy anything for you about this today please?

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

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