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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6534
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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i have a shared right of acccess with my neighbour and he has

Customer Question

i have a shared right of acccess with my neighbour and he has built a wall albeit over his side of the imaginary boundary line.
can he legally do this ??????????
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.

Does the wall block the access way ?

Best regards

Michael

Customer: replied 1 year ago.
Yes it encroaches onto the shared driveway at the rear
Expert:  Michael Holly replied 1 year ago.

Dear *****

What outcome would you like?

Michael

Customer: replied 1 year ago.
Return fence to original position as shown on land registry details and as it was pre 2013
Expert:  Michael Holly replied 1 year ago.

Dear *****

You both have a right of way over the drive. A right of way should not be blocked or impeded and your neighbour simply has to ccheck his deeds to verify this. You can take legal action but as you point out this is expensive. I would start with a threatening letter giving the neighbour a deadline for restoring the position. The Citizens Advice Centre should be able to help and send the letter on your behalf. CAB s are now licensed to give legal advice under the Legal Advice and Assistance scheme so depending on your income you might get it done free.

I hope this helps. If there are any further points please reply. I will be offline for a while but back on tonight.

Best wishes

Michael

Customer: replied 1 year ago.
Done all that and more do YOU really think a threatening letter will stop him you in la la land !!!!
I need a legal angle not more bollox
Sorry
Expert:  Michael Holly replied 1 year ago.

Dear *****

I was not aware that you had taken these steps. Have you considered making a claim in the Small Claims track of the County Court for nuisance and trespass. There is a guide as to how to do so available from County Courts. The procedure is fairly straightforward as the small claims track is intended to be used without the need of a lawyer.

Best regards

Michael

Customer: replied 1 year ago.

i will try this angle thanx

if the judge on the day has issues i will be shafted if he feels happy then i,ll buy him a shandy and celebrate .

If you saw reports pictures statements and all my docs think you would get a much better understanding and make an informed decision.

Judge will want a result rightly or wrongly and not care about justice i know that sounds a little misguided but the law looks a complete arse in this case

regards

John

Expert:  Michael Holly replied 1 year ago.

Dear *****

Hopefully you will be buying the judge a shandy!

Best wishes

Michael

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