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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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I have lived in my property 35 years we have a right of way

Resolved Question:

I have lived in my property 35 years we have a right of way for my 2 neighbours. Another neighbour the other side of the right of way is claiming we have stolen their right of way. In all the time I have lived here the property in question has never had access to the right of way. Do they have a claim?
Submitted: 3 years ago.
Category: Property Law
Expert:  Matt Jones replied 3 years ago.
Matt Jones :

Hi I will try and help

Matt Jones :

so has this supposed "right of way" the neighbours are claiming to be used for over 35 years?

Matt Jones :

HI i just have to pop away fr a few hours. If you get this and reply I will come back to you on my return

Customer:

our house is over 100 years old and has had the right of way all that time as far as I know. The neighbour in question has a six foot fence bordering the right of way which has been put up by past owners of their property over 30 years ago,their property has not had access to the right of way while I have lived here

Matt Jones :

Ok thanks. If the right of way exists it would either be granted expressly (i.e granted by way of a Deed) or implied (i.e as person has used a right of way for over 20 years and so can claim it as there's). However if a right of way has not been used for some time, and the person who has the benefit of the right does something to show they don't want to use it anymore (i.e to build a fence, to add another entrance/or exit, etc) then they can be claimed to have "abandoned" the right of way.

Matt Jones :

I think in your case the right (if indeed there is one) has not been used for over 35 years, and the neighbours have never in that time attempted to move the fence, I think you can quite confidently claim that any purported right has been abandoned.

Matt Jones :

I hope this helps. If you wish to post any further question please do so. If happy for now please leave me positive feedback so I get paid for my time. the question wont close and if you think of anything later on the line you can always post further questions and I will come back to you.

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