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Ask Aston Lawyer Your Own Question
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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Two of my neighbours claim to have a right of way, both pedestrian

Customer Question

Two of my neighbours claim to have a right of way, both pedestrian and vehicular, across my
property - which I putchased in February 2013. They say that they have had this right of
way since 2004 when both these parties moved into their rrspective homes.
If this is so, am I within my rights to levy an annual service charge, to cover fair wear and tear going back to 2004
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.

Whether you can charge will depend on what it says in your Deeds.
Normally, if a third party has a right of way over someone's land, this is subject to them making a fair contribution to any maintenance costs. Therefore, if your Deeds do include this proviso, you can claim a percentage share from the neighbours (a third each) as and when repairs are required. You won't be able to make an annual charge- just a charge once any repairs/maintenance has been carried out.

If your Deeds just grant "a right of way" for your neighbours, without any proviso stating that they have to contribute to any maintenance costs, I'm afraid you won't be entitled to charge them at all as and when any maintenance costs are incurred by you.

You do therefore need to get your Deeds. Perhaps contact the Solicitor who acted for you in the purchase, if you need any assistance.

I hope this helps and answers your question.

Kind Regards
AL