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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a cul-de-sac, we have as part of our property

Resolved Question:

Hi, I live in a cul-de-sac, we have as part of our property on our house deeds, some land of about 10 inches wide as our property perimeter, so as to stop any of the property owners whose back gardens join on to it from having access or build garages. What are our rights regarding access and what rights do they have, also can we put a new fence up and how high? Recently they have put a new fence up which I think is where ours should be if we do put one up and relations between us are not good, (we haven't been asked whether it was ok to do this just informed they were doing it.). Help
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hello

Thanks for your message and yes I am willing to wait for answer

Thank you

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Is there a right of access on the land according to your deeds. If not has it been used as access and if so for how long.
Customer: replied 1 year ago.

I believe that there is no right of access and that the actual road is adopted by the local council. It has been used by only one of the house owners to have fencing products delivered without asking us first, which caused bad relations between us, the last occasion, I was informed at my place of work while serving a customer that he had some pallets being delivered and walked out so I could not react.

Expert:  Ash replied 1 year ago.
How long has this access been used for?
Customer: replied 1 year ago.

As far as I know on 3 or 4 occasions to have deliveries dropped in their back garden by removing a fence panel which they installed, instead of the original fence, which had been getting old and we haven't replaced as no funds. If they had asked from the onset we would have probably said ok, what irks us is that they presume they can do what they want.

Expert:  Ash replied 1 year ago.
But not more than 20 years then?
Customer: replied 1 year ago.

There has always been no access to all of the properties backing on to our road, as since the houses were built in the 1970s each resident has had a section opposite their property on their house deeds so as to prevent anyone using it for access or maybe built a garage. the road is taken care of by the local council. If you mean how long this situation has been going on between us then only about 6 months.

Expert:  Ash replied 1 year ago.
OK. Then the person has NO right. A prescriptive right of way can only be established after 20 years use. If there has been NO access then NO right is given and you can stop the person using it. If they refuse you can get an injunction.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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