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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10412
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I HAVE A PIECE OF LAND BEHIND MY GARDEN WHICH I BOUGHT 10YRS

Resolved Question:

I HAVE A PIECE OF LAND BEHIND MY GARDEN WHICH I BOUGHT 10YRS AGO,AND OPENED UP A GATEWAY WHICH OPENS ON TO A TACK LEADING UP TO TWO FURTHER HOUSES. THE OWNER OF THE HOUSE AT THAT TIME SAID CARRY ON AND HAD NO OBJECTIONS THE ENTERANCE TO THE FIELD IS ABOUT 60YDS FROM THE MAIN ROAD.
THERE ARE NEW OWNERS IN THE HOUSE AT THE END OF THE LANE NOW WHO TELL ME i CAN NO LONGER ACCESS THE FIELD THROUGH THIS GATE, RENDERING THE FIELD USELESS TO ME..
IS THERE ANYTHING i CAN DO? HAS THE GATE BBEN THERE LONG ENOUGH-10 YRS?
IT IS A ROUGH LITTLE LANE AND i WOULD BE WILLING TO PAY TOWARDS ITS UPKEEP, BUT THEY WANT COMPLETE CLOSURE OF THE GATE.
PLEASE HELP?#
THANKYOU
SUZANNE HUGHES
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

I am afraid that unless you have a right of way in the Deeds to the field, which it oes not sound as if you do, then the neighbouring property can stop you from using this privat elane to gain access to your field.

Under law, where a person does not have a written right of way, a right of way is created PROVIDED they have exercised and used it for at least 20 years, without hindrance or dispute. I note you have been using the lane for only 10 years, so unfortunately you have not acquired any legal right to carry on using it if the owner is now asking you to stop.

I am sorry this i snot the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10412
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
The previous owner of the land has been using it sunce the 1970s. Does this change things??

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