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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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A neighbour has put in a gate in his wall to access our private

Customer Question

A neighbour has put in a gate in his wall to access our private entrance which on our deads clearly says that he has no access as it is in red and an private entrance and always has been. We had this problem a few years ago with someone in the same house and despite neighbours objecting and telling him not to do it as its a private entrance he has done it today and there is now a door leading into our private alley. What are our rights as a collective to stop him, surley this is trespass as he has gone against the wishes of the house holders who have rights to this private entrance. Can you help please?
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.

wingrovebuyer : Hello. Yes, if he has no rights over the alley,cheap would be trespassing if he accesses it. I suggest you write to him, as a collective, and say he has no right to use he private alley and that you do not want him to use it, and any use would be a trespass. State also that if he fails to comply, you will have no choice but to seek an injunction to prevent trespassing. If he doesn't agree, you would then have to seek an injunction (expect to spend around £3,000 for this) from the court. You would need a solicitor to help with this, and you might be able to get some or all of the costs back from the neighbour, if the court agrees they have been adequately warned before you took out the injunction. Alternatively, you could block the access - if you do so, ensure you cause no damage to his gate.

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