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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6545
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I live in a detached house, there is a path that is shared

Customer Question

I live in a detached house, there is a path that is shared by my next door neighbour to access our rear gates into our rear gardens. We have wheelie bins stored in this area, I have always taken my bins down this path and used my neighbours drive to leave the bin on the public road for collection over the last 16 years. My question is: Do they have the right to now stop me from crossing this part of their drive to place bin on road?
Submitted: 1 month ago.
Category: Law
Expert:  Michael Holly replied 1 month ago.

If you use the access path do you have to use this part of their drive to put the bin by the road?

Is there an other route?

Have you checked your title deeds regarding whether you have an easement?

Michael

Customer: replied 1 month ago.
Michael,
The only other way is to take through my rear gate across my rear garden and through my garage onto my drive and onto public road for collection, because I have been using my neighbours drive for the last sixteen years in order to do this I was under the impression that I could continue.
I do not have my title deeds, I believe they are still lodged with my mortgage company so I am not sure how I can check this?
Expert:  Michael Holly replied 1 month ago.

You can get a copy of your title deeds from the Land Registry.

This can be done online but I think you need an account. A local solicitors who do conveyancing can do it cheaply.

The title deeds will show if you have an easement over your neighbours land to use it to take your bins.

If it does not show an easement you have no right to continue doing it despite the fact you have done so for a number of years.

The reason is that it is not the only route you can use.

Best regards

Michael

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