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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The access I was referring to in my first question is to the

Customer Question

The access I was referring to in my first question is to the right of my house as you look at the front. On the left side I have access to the rear of my property but this is shared with the other 7 properties in this terrace. My access is only 2.3m wide (barely enough to get a tiny vehicle through. However all of the other houses have 4.6 width. Could I widen my access to 4.6m? Do I need anyones permission?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

and thanks me again

Alex Watts :

If you own the land then you can widen it

Alex Watts :

You do not need any permission

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-z7klosg5- :

JACUSTOMER-z7klosg5- :

I am not sure who owns the land, land registry is very vague. Is there anything to stop my neighbour erecting a wall on her property even if it blocks our access

Alex Watts :

Yes. If you have 20 years then you have a prescriptive right of way and it cant be blocked

Alex Watts :

Does that help?

JACUSTOMER-z7klosg5- :

I have only lived here years but the previous occupants were her so someone who lived in this house has always had the right of way to use the rear access to the left

Alex Watts :

Ok, as long as there has been 20 years access over the years that is all that matters

JACUSTOMER-z7klosg5- :

So we can widen our entrance as much as we like?

Alex Watts :

Yes you can, if you own the land.

Alex Watts :

Does that help?

JACUSTOMER-z7klosg5- :

That helps but what if the neighbour chooses to park her car on her property blocking our access? She has sent me a lengthy e mail which I can copy on to you via my hotmail account

Alex Watts :

No thats ok. Then you can get a Solicitor to write a letter and explain there is a prescriptive right of way that has been established 20 years and that they can not block it. If they do you will seek an injunction and they will be responsible legal costs

JACUSTOMER-z7klosg5- :

Thank you so much. If it gets to the stage where we need a solicitor could we request your help?

Alex Watts :

Sadly site rules do not allow me to represent you, as much as I would like to

Alex Watts :

Can I clarify anything else ?

JACUSTOMER-z7klosg5- :

Is it legally acceptable that we use the fact that the previous owners had used the access years before we bought the property? If so then we have rights over both left right access as I know that they used both sides.

Alex Watts :

Unless its in the deeds you need to have 20 years use to establish a right. That is not just you, but previous owners.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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