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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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assess by foot and car to property with shared assess and

Resolved Question:

assess by foot and car to property with shared assess and parking
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

I am being blocked assess to my property by car and foot by the adjoining property which has a first comr, first come, first served parking bays, which I cannot get into as my assess is blocked. I also cannot get in or out of my property by foot as my assess is blocked by his two vans.

Customer:

I do have right of way assess.

Customer:

The local police officer came to see me today and is aware of the situation I am in.

Customer:

When one of his van is parked in the parking area it completely blocks my in and out assess.

Alex Watts :

Who owns the land being used to block it?

Customer:

Myself and the adjoining property.

Customer:

31a and 31b have joint assess to parking area.

Alex Watts :

Ok, so its shared land. Have you asked the neighbour to stop?

Customer:

They have also erected a workshop shed and garden shed on the jointly owned parking area. This does not help the parking and manouvering area. The situation I am is diliberate.

Customer:

Yes.

Alex Watts :

Ok, you need to ask a Solicitor to write and say they must stop or you will take the matter to Court.

Alex Watts :

If they refuse then you can issue proceedings. You can complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The court will list the matter for hearing and see whether the matter is contested and whether to make any injunction final. If it is contested the Judge will set the matter down for a final hearing and decide whether to make an interim injunction.

Alex Watts :

If the injunction is made and breached this is contempt of Court. They can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I would also like to know if a washing line can be hung over the jointly owned parking area, as it blocks the assess and manouvering area?

Alex Watts :

No it can not. Nothing can cause a nuisance to you.

Customer:

thank you so much for all your help.

Alex Watts :

Can I clarify anything else for you?

Customer:

So the next for me to get an appointment with a solicitor, taking along all my relevant documentation ie: Deeds and Land Registry ?

Alex Watts :

Yes

Customer:

Aso

Alex Watts :

Sorry?

Customer:

Also I am awaiting to heaar from my local council if the sheds erected should be there at all, Can you tell me?

Alex Watts :

That I don't know, depends what is in the deeds etc

Customer:

It just says parking area?

Customer:

Jointly owned of course.

Alex Watts :

Yes. They can not cause nuisance.

Alex Watts :

On anything

Alex Watts :

Does that help?

Customer:

So can they be made to take them down?

Alex Watts :

Yes

Alex Watts :

Does that clarify?

Customer:

OK thank you for all you help,

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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