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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Im rying to define and understand an easement through my

Customer Question

Hi, Im rying to define and understand an easement through my rear garden as sated in Par V Housing act 1985 schedule 6 para 2. Is a limited easement or is it a free walk through..ie throughfare/foot path
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: what details. Sorry.. I was told there is a righ of way through my back yard, but the deeds to the neighbours property refer to the act as I stated.
Submitted: 10 days ago.
Category: Law
Expert:  Aston Lawyer replied 10 days ago.

Hi, I take it that your property used to be a Council property? Who uses the right of way at the moment? Just one or two neighbours, and is this by foot only, I assume? Al

Customer: replied 9 days ago.
Hi, yes he property used to be council. I had been in the house 3 weeks and suddenly the neighbour banged open their bolt, with difficulty. She asked if she was allowed through with her 2 dogs, with which she walked through. Then when she returned some 10mins later she wanted to come back through my back yard. Then another female (as there are 2 living together) opening the fence gate and started telling me loudly that her landlord had bought the path through my property, it had to be clear for wheelie bins etc. I informed them both that it was not a footpath or thoroughfare as per the act. But they shouted back that my solicitor was wrong.
Since this happened the one female comes through with her dogs when she feels, plus kids in the neighbourhood. This means I cant let my dogs out the back or have a dog flap for my dogs use when Im at work. I have had eggs thrown at my house windows and on my car, along with my temporary gate damaged.
Paragraph 2 of schedule 6 does not say anything of a right of way, but a benefit of easement. Paragraph 3 talks about the right of way, which is not mentioned in the title deeds.

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