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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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There is an easement on my house giving access to my neighbour

Customer Question

There is an easement on my house giving access to my neighbour to reach a 15' by 15' peice of ground that he cannot reach from his house ( this is not his main garden, he has a very large garden the other side). Is it fair that this man can freely wander in an out of my back garden as he feels fit? It means we have no privacy and our dog cannot have free access to our own land.
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi

Are you saying that your neighbour is using areas of your property which she does not need to use? Essentially are you saying that he is excessively using all of using the easement?

Tom
Customer: replied 4 years ago.

The easement actually applies to 3 properties that at one time were one.
However, only my neighbour uses it, as he has a small square of land outside of his property that he cannot access in any other way.


The problem is he wants access at any time, with out asking. It means we cannot look our gate (unless we supply him with key) We cannot leave our dog in the garden unsupervised. We could be having a barbeque and he walks straight through us. This patch of land is not his main garden and he actually spends very little time there. But is demanding 100% free access at any time. Also the path he uses is right next to 2 sides of our house - open view to our lounge and dining area.

Expert:  Thomas replied 4 years ago.
H,


Thanks. I will be able to answer in about an hour. Sorry for the delay.

TOm
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

You how to look at the wording of the easement on your registered titles. If it is the case that the easment does not make any limitations on your neighbour using it then under a strict interpretation you would have to afford him access at any time in order to reach the area of land.

If there are any kind of limitations in the wording of the easement which you consider are being breached by your neighbour send can take action against them.

In the first instance I would write to him out lining which part of their behaviour you consider breaches the right and state that if it continues then you will block of the right by getting a gate with a key. You would have to say that you would afford him access upon request.

If the neighbour is using the right of way in accordance with the wording of the easement then you can still bluff your legal position if you think that you will not take advice and seek to enforce his legal rights. You do have to consider that you will have to live next to your neighbour after this dispute.

I am afraid that if there are no limitations on the right and you wished to install a date then ultimately your neighbour would be able to apply to court so that u t s getting a copy of the keys.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom
Expert:  Thomas replied 4 years ago.
Hi

I would be grateful if you would please rate my answer as okay service or above, I do not receive any credit for the time I have taken to answer your question unless you do.

Kind regards

Tom
Expert:  Thomas replied 4 years ago.
Hi

Please rate my answer.


If you do not then I do not receive any credit for the time I have taken to answer your question.


Tom