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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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my neighbour has access through my family garden and are objecting

Customer Question

my neighbour has access through my family garden and are objecting to having to wait whilst we move our dogs to safety if they are in the garden when the neighbour wants todrive through. We own the drive / access and they simply have an easement across it. What are my rights?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question. My name is Tony and I should be able to assist with this.

tdlawyer :

Do the dogs present a danger to any person using the right of way?

JACUSTOMER-ipyrqo96- :

no they are small family pets but we live on a busy main road and the garden gate is electric and opens directly onto the busy main road. The dogs are not in the garden all of the time and when they are they are with us. We own all of the garden and driveway, the neighbour has an access across only

JACUSTOMER-ipyrqo96- :

the neighbour has only to wait at the maximum 2 minutes to access

JACUSTOMER-ipyrqo96- :

I have had an email asking me to rate your answer! I am still waiting for an answer - asking me a question is not an answer so I am going to assume you are still researching my rights as the property owner

tdlawyer :

Hello - sorry about the delay. I have now got an answer for you.

tdlawyer :

I do not believe that they're entitled to anything more than having to wait 2 minutes to sort the dogs. These are not dangerous animals and they do not prevent them using the right of way (the easement).

tdlawyer :

As such, I dont believe a Court is likely to entertain them if they were to issue proceedings against you for anything connected to this.

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