How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7473
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

A new owner has moved into a property oppersite my house and

Customer Question

A new owner has moved into a property oppersite my house and I share a drive with 2 other houses. The new owner is using a gate that should not be there, but it remains with the consent of our 3 houses that it is not right of way, which was made by previous owners. However the new owner is using the gate as a regular access and they have small children. There have been a few near misses, but they still use it. I have boundry plans and there in no access on the plan. What next can we do.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are you saying that the new neigbour using an access for which they have no legal right of access over?
Kind regards
Tom
Customer: replied 2 years ago.

Yes, as they have to walk on our drive.

Expert:  Thomas replied 2 years ago.
Okay.
If they have to use the gate, who's land is the gate on and is there a lock/key for it?
What is their explanation for why they are using it if you have told them they have no legal right to do so?
Kind regards,
Tom
Customer: replied 2 years ago.

The gate is opened inwards and the bolt is on their side. We think the original owners had it put in when the had a wall built, but because it was not in the original building plans they never used it, and when the second owner bought the house, she rarely used it and never as regular access when she was told about it coming onto a private drive. However when her children sold the house this was not pointed out to the new owners, and they think they can come and go as they please.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If it’s the case that the person does not have a right of way over the access registered in their favour on their land registry title, then I would consider going about putting a lock on the gate.
I would contact the owner of the property in which the gate is located to advise them of the problem. At the same time you should consult with the other properties that do have a legal right to use the access/gate and try to get their consent to get put a lock on the gate. Obviously you would all have to arrange for each property legally entitled to use the gate to have a key.
Provided the owner/other right holders agree you can put a lock on the gate and then it’s problem solved.
Ultimately, if the access persisted and, for whatever reason, you were not able to put a lock on the gate then technically you could apply to court for an injunction against the people accessing ordering them not to use the access. Having said that, this is the type of problem that our over-burdened courts would hope would be able to be resolved privately.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

The owners of the property are the problem, the gate should never have been there in the first place but as I said previous owners did not take advantage of the gate being there. Every time they step out of the gate they are on our property not theirs , and as it is a driveway, should not be used by pedestrians unless they are visiting our 3 houses. Are you suggesting we bar the gate from our side?

Expert:  Thomas replied 2 years ago.
Hi,
Sorry, it's a bit difficult to visualise something when it's written down.
If you are able to bar their acccess (and they are not legally entitled to access) from your side then this would probably be the best way forward if they are not likely to curb their behaviour, yes.
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions