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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I have recently bought a property with a garage which opens

Resolved Question:

I have recently bought a property with a garage which opens on to a private road. The previous owner (now deceased) had access rights but I have been told there is no right of way so consequently I cannot access the garage
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

and thanks Just Answer.

I am Al and am happy to assist you with your enquiry.

Was this issue not raised/resolved by your Solicitor?

AL

Customer: replied 2 years ago.

I was told by the seller that the owner of the private road had said the buyer would have no right of access As I have no car it didn't't seem an issue at the time but I cannot get into the garage as the door opens on to the private road so it's a nuisance. I was wondering whether legally I could access the garage even though I Don't need it car

Expert:  Aston Lawyer replied 2 years ago.

,

Thanks reply.

Well, only if you can prove that the previous owners of your property have used the private road years or more, without dispute, have you acquired a legal right of way over the private road.

Unless the owner of the road grants you permission to use the road, then you do not have any legal right to enter the private road.

On a side point, it does appear quite strange to me that there is a garage facing this private road, and tere is no legal right of way over the private road, in your Deeds. I guess your Solicitor will have discussed this subject with you.

I hope this assists and sets out the legal position.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

I am not sure how long the previous owner used the right of access ,the garage wasthere and it was used before the land was bought by the present owners .They have built a small estate of 8 houses on.the land to the rear of my property and put a sign at the junction with the main road Juniper Close private road no access All the houses had access to the road before this happened

Is there is any way to find out if the road is in fact a private road ,

Expert:  Aston Lawyer replied 2 years ago.

,

Provided the garage has been there years or more (I don't know if the garage was built at the same time as the house, but if it was, and your house is over 20 years old), I would suggest that you have acquired a right of way- called a "prescriptive right".

If so, the owner of the road can not object to you using the road to gain access to your garage.

You can phone the Council- the Highways department- to ask of the road is private or whether it is a publically maintained highway.

I hope this helps.

Kind Regards

AL

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