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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 777
Experience:  Experienced solicitor
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i have a problem accessing a commercial property i own. The

Customer Question

i have a problem accessing a commercial property i own. The neighbouring building owns land that i need access to by vehicle. the neigbour recently has erected a gate and has asked for £6000 per year for vehicular access.
is there any guidlines for how much he can charge me rather than hold me to ransom ?
thanks Steve
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Do you have any easement or contractual right of access? How long have you or previous occupants been accessing via his land?

Customer:

hi

Customer:

previous occupants have been accessing this land for over 100 years but only on foot until about 5 years ago when some steps were made into a ramp for cars but there is also land at the front of the property which has now been fenced off that preivious occupants have used for parking vehicles for many years

Customer:

there is no contractural right of access,

LondonlawyerJ :

Is foot access sufficient for you?

Customer:

no, we need vehicles up to our building, the neighbour allows us foot access but no vehicles

LondonlawyerJ :

OK. I think that you have acquired a right of way easement by prescription (ie continued use for over 20 years) for foot access but not for vehicle access. If this is right then payments for access are up for negotiation between you and the other side. How easy would it be for your neighbour to cut off vehicle access to your business? If it would be difficult or expensive then in practical terms can he do much? If he doesn't block it off then all he can do is demand money from you which you could decline to pay and leave it to him to sue you for lost income. If you have offered him an amount that you consider to be a reasonable then he owudl have uncertain prospects of success. In law though he can try and charge you what he likes for vehicle access.

LondonlawyerJ :

Easements by prescription are complex and obscure in law and you might well be best off instructing a solicitor who specialises in property law to advise on this face to face in the orthodox way. It will be possible to go into much more detail if you do this than asking question son this site.

Customer:

can you look at this law and see if it is applicable to my situation please

Customer:

http://www.legislation.gov.uk/uksi/2002/1711/introduction/made

LondonlawyerJ :

These regulations, made under section 68 of the Countryside and Rights of Way Act 2000, provided for the creation of a legal easement, giving a right of way for vehicles in cases where the use would have given rise to a prescriptive easement had it not constituted an offence.

Section 51 of the Commons Act 2006 repealed section 68 of the Countryside and Rights of Way Act 2000 with the effect that the regulations lapsed at the same time. Section 51 came into force on 1 October 2006. So I am afraid this is out of date law.

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