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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I own a property that has an access only road serving my property

Resolved Question:

I own a property that has an access only road serving my property and my neighbours on both sides. It is an adopted access road with each section in front of each property owned and maintained by the relevant property owner it is open for access at both ends allowing deliveries and access to visitors of the properties. Running along side this service there is a main road and public footpath, there is a fence line running the full length of both the main road and access road separating the two.

Recently there has been a dog walker using the private access road as part of his dog walk, the dogs are allowed to urinate on the private access road. I have spoken to him and advised it is a private road but he still continues to take the short cut through instead of using the public footpath on the other side of the fence.

What rights do I have in preventing him from using my part of the road?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can help with this.

tdlawyer :

If he is using a road over which you have the right to prevent him using (i.e. he has not right to use it), then to stop him legally, you would need to seek a court injunction.

tdlawyer :

You could try putting up some form of fence/gate perhaps, if this works, but otherwise it's a court injunction that you would need.

Customer: It would be impossible to put up a fence as my neighbours need access through my property as do I theirs, and of course deliveries, invited visitors and mail deliveries all require access
tdlawyer :

Yes, okay, then in that case, are you able to write a letter to this person insisting he does not use the road again?

Customer: I would need to acquire his address but I am willing to do that, if I see him tomorrow , as this is a daily occurrence is there anything further I can say to him
tdlawyer :

Not really, you've made your position clear, but he seems to be ignoring it, so you need to move up to writing to him first. Then, if that doesn't end this, you should look to getting a solicitor to write to him - the headed notepaper often resolves the issue. If that fails, then a court injunction would be needed and if he breaches that, he would be in contempt of court. If this is pointed out by solicitors, I would be very very surprised if he persisted!

Customer: Great, thanks for your info I now know where I stand with this. My neighbours do agree with me but as they are elderly they don't like what they see as causing trouble.
tdlawyer :

I can understand the reluctance of elderly people to get involved in this type of thing. Hopefully, you can quickly resolve it on all your behalves.

tdlawyer :

Can I ask whether you're happy with the answer this evening?

tdlawyer :

Is there anything more I can help with?

Customer: Sorry that was a typo what I meant to say is they won't approach people as they don't want what they see as causing trouble
Customer: No that's fine thanks
tdlawyer :

Fabulous. Would you mind leaving feedback for me please before you go?

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