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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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There is a corridor between us and our neighbours property.

Resolved Question:

There is a corridor between us and our neighbours property. The corridor is owned by our neighbours and we have right of access through it to get to our garden and to bring our bins, bikes etc through. My neighbour wants to put a bin and log store in the corridor but wants to put it up against our property, which I object to, mainly for aesthetic reasons. I was just wondering where I stand legally?
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.

The legal position is that as you have a right of way, your neighbour must keep the corridor clear and accessible for you 24 hours a day. If any object or structure is therefore put up in the corridor that prevents you from walking freely through the corridor, your neighbour is in breach of his obligation to you. If this scenario happened, you would have the right to issue Court proceedings against him in order to obtain an injunction to stop him from blocking the access.

As regards XXXXX XXXXX wall as a support, legally, your neighbour has to obtain your consent before he attaches anything to the wall or indeed if he rests anything against your wall. This would strictly speaking be classed as trespass if he did it without your blessing.

I hope this assists and sets out the legal position to you.

Kind Regards
AL
Customer: replied 3 years ago.
What if the structures aren't touching our property but very close to it ? Do we have any right to object? Our property is 300 years old, grade 2 listed and apart from the restriction of access, his bin store and log store will diminish the look and character of our building (in my opinion ). He did not ask our consent and do we have the legal right to not give consent if he does ask? He has already bought the materials.
Expert:  Aston Lawyer replied 3 years ago.

Hi,

You have a right to object if the object is preventing you from safely walking down the corridor and you are 100% free to object to him putting up any such structure!

Kind Regards
AL
Customer: replied 3 years ago.
I'm sorry but you haven't really answered my question. The corridor is wide and the structures won't make it unsafe but it they will be up against our property wall which will effect the look and character. Also, what if we have to get to our wall for maintenance or if the structures cause damp in our property?
Expert:  wingrovebuyer replied 3 years ago.
Hello, AL has opted out. His answers were correct, in that any structure could be viewed as an obstruction to your legal rights. Regardless of whether or not they cause an actual obstruction, you have a right of way over the land the structures will occupy. That might be the best argument to object, as you can't object to someone placing a structure near your property, but on their land, provided it isn't attached or leaning on your wall. Best, WB
Customer: replied 3 years ago.
Hi, thanks for your answer. I understand about the restriction of access but as I said, ours is a grade 2 listed property and the structures he wants to put up are modern and out of keeping. I think these will devalue our property and damage the look and character. Do we have any legal rights on these grounds?
Expert:  wingrovebuyer replied 3 years ago.
Hello. I'm sorry, but a Listing wouldn't prevent unattached structures from beng placed around the listed property. I also can't see how they would devalue the property, as temporary and moveable structures. I appreciate you don't like the look of them, but this person can do what they like on their land, subject to not interfering with your rights of access. I think your only argument is to say that they affect your rights and interfere with them and you will not tolerate the interference with your legal rights. Best, WB
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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