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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am a home owner. In the deeds to my house, there is a thin

Resolved Question:

I am a home owner. In the deeds to my house, there is a thin strip of land, approximately 2.5 feet in width, which is part of my deeds saying I have right of access by foot. My house was built in 1926. I have been living here since 2002. My new neighbors are attempting to take greater possession of this land. I am fearful of this change. What can they do? How far can they go? The strip of land includes the main entrance to my house, which is on the side where this strip of land is.
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

So I am 100% clear, are you saying that the strip of land (lets call it "the Land") belongs to you or do you just have a right of way over the Land?
What exactly do your neighbours intend to do with the Land?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

I have a right of way. It is in the deeds to my house. Currently, we park two cars on the drive. They have not done it yet, but I fear they will construct a fence around the passage way. They have already put a gate where there was no gate previously. I am quite sure that they cannot stop me accessing the front door of my house, but such a fence would restrict my access.

Expert:  Aston Lawyer replied 3 years ago.

Hi Mark,

Thanks for your reply.

Legally, as you have a right of way (ROW) in your Deeds over the Land, then your neighbour certainly is not entitled to put up a fence which would obstruct or prevent you from exercising your ROW.

Under law, a person is entitled to put up a gate which is subject to a ROW, provided the gate remains unlocked or if locked, that the party who has the benefit of the ROW (you)has a key.

If your neighbour were stupid enough to put up a fence and prevent you accessing the ROW, you would be entitled to take Court proceedings and obtain an Injunction against them to take down the fence.

I am sure you do not want this issue to end up in Court and a polite chat with the neighbour may be the best way forward, if this is practical.

I hope this assists you.

Kind Regards
AL
Customer: replied 3 years ago.

I thank you for your help. The owner of the land had hinted to me that there was a danger of them "losing" the land. Is there any legal precedent for this due to lack of usage over time?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

As they own the land, there is no way that they could "lose" the land to you, even if they personally do not use it.

The legal position is that a third party (eg you) can claim land owned by another party (your neighbours) if the third party has possessed the land without interruption or dispute for 10 years. Possession entails fencing in the land and preventing the rightful owner access or use of it.
However, this rule does not apply to a third party who has a right of way over the land in question. Therefore, you will never be entitled to claim the land as your as you have a ROW over it.

I hope this clarifies matters.

Kind Regards
AL
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