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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25494
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I own the house at the end of the block, there is a legal access

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I own the house at the end of the block, there is a legal access right down the side of the house and along my back window for the residents of the house next door only. There was a gate into that garden leading off the right of way.
My neighbour has now built an extension blocking off the original right of way and replaced the gate six feet along my garden (in the planning permission it was stated "remove access with consent of neighbours")
Can they do this ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ensure I understand correctly please, do I understand correctly that they have therefore necessarily diverted the route of the right of way from the original path so they must now walk along a different route over your garden please?
Customer: replied 2 years ago.
Yes that is what they are trying to do
Expert:  Joshua replied 2 years ago.
Thank you. Do you have access to your title entries (deeds)? If so is the right of way you refer to referred to on your title plan or is it just described without reference to your title plan?
Customer: replied 2 years ago.
From The report on Title in relation to purchase see below
"This property is also subject to a right of way for the owners and occupiers of*****to pass along the three foot brick or concrete passageway running along the northern and western walls of the property."
Again in the report it states " a right of way for the neighbour of 108 to cross past the kitchen window ."
Expert:  Joshua replied 2 years ago.
Thanks. Finally just for the avoidance of any doubt presumably they must now pass vaguely diagonally across your garden in order to reach the gates to access their property as opposed to the previous path past your window?
Customer: replied 2 years ago.
Yes
Expert:  Joshua replied 2 years ago.
Thank you. based upon what you say, your neighbours have a right of way over a defined path, the passageway along the side of your property and the pathway at right angles to the passageway passing your window to the point of the original gate. This right-of-way is a legal easement and is enforceable by your neighbours against you in so far as they have a right to use it and could Action against you if you were to block that route.However, it does not follow that the neighbours have a right over the rest of your garden nor do they have a right to divert the right-of-way or alter its position without your consent. The situation you describe amounts to their claiming an unlawful right of way across another part of your garden. Based on what you say, they do not have a right of way over anything other than the above defined route and therefore deviating from that route amounts to trespass.Accordingly you are within your rights to deny access through the newly installed gate and could either take physical measures to prevent access such as locking it from your side or erecting a barrier or could seek an injunction in the county court requiring them to cease and desist further trespass over your land. An injunction is a court order ordering the neighbour not to carry out a specific course of action defined in the order and ignoring an injunction amounts to contempt of court and resulting custody. If you find it necessary to apply for an injunction, you can do so using the following for together with costs against the neighbour:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or reply back just to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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