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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I live in a semi detached house which is separated at the rear

Resolved Question:

I live in a semi detached house which is separated at the rear of the house with a small dividing fence. When I bought the property there was a small gate. This gave me access to the neighbours garden where I could walk on to my neighbour land and go between my garage external wall and the gable end of my neighbours house and put wheelie bin or give access to the window cleaner. The property has changed hands twice and the new owner has put a gate up and a padlock and will now not give me accesss. Can you please advise
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi

Is this right a formal right of way noted on your land registry title?

If not, how long did you exercise the right of way for?

Kind regards,

Tom
Customer: replied 2 years ago.
I do not think it is on the land registry title.
The garage was built with planning permission of the original owner of the house I live in 2002 And the gate was put in the fence at that point. I think it was agreed with the original neighbours & this maintained for the 5 years I have owned my house.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

If the right is not registered on your legal title for your property at the land registry then you do not have an express easement.

This means that the only way that you would be able to claim an easement is through prescription, which is the term used for where you claim through long use.

Unfortunately, the length of time that you need to have exercise the easement to claim it in this way is 20 years.

So, if you have not exercised the right for 20 years then you would not be able to claim an easement by presctiption.

If you have not exercised the right for this length of time then you cannot prevent the obstruction of the access by your neighbour, since you have no legal right of access to rely on against the obstruction.

If this is the case then the only way that you could get an easement is by attempting to negotiate a deed of easement with your neighbour, but they are under absolutely no obligation to even negotiate, let alone agree and they might charge a fee for this. They are entitled to charge whatever fee they like too.

I am sorry.

Kind regards,

Tom
Customer: replied 2 years ago.
I have just noticed in the land registers title under restrictive covenants by the buyer " not to erect any walls or fences or other structures nor allow hedges to grow on the property between any building on the property and estate roads"

Because the fence and gat run between my garage and the neighbours gable end they have added this does this mean they should not of done this
Customer: replied 2 years ago.
Relist: Incomplete answer.
I want to probe all the possible outcomes to my ordinal question
Expert:  Thomas replied 2 years ago.
Hi

If the benefit of the restrictive covenant in the land registry title refers to being for the benefit of adjoining properties then you would be able to apply to court for an order that the gate is removed if it was not part of the original construction.

If the bemefit is not stated as being for the benefit of the adjoining properties then you will not be able to rely on it, though the adjoining owner may not know that so you could attempt to bluff him in to removing it.

Kind regards


Tom
Customer: replied 2 years ago.
Do the point below answear your original question about access on on the land register

Under the title "rights granted for benefits of the property
Point 2 says the right at all times for lawful purpose on foot over footpath or on foot with vehicles over driveways comprising the access way on the estate which serves the property but is not edged in Redon the plan.
I need to use there driveway to access the rear of my property which they have closed of with fence and gate.

point 7 under the same heading also says the right to enter upon adjoining land parts of the estate to inspect maintain or renew any part of property or service media or access way ( if any ) serving the property
Expert:  Thomas replied 2 years ago.
Hi

It's quite difficult to confirm without sight of the documents, but the first right you refer to in your most recent post appears to grant you a right of way. If the neighbour has gated ove this area then you will be able to apply to court for an injunction to remove it.

If you need to order the plan to identify the access way then you can call the land registry on monday to order it.

Kind regards

Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience: UK solicitor holding an England and Wales practising Certificate.
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