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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have a coals & ashes right of way across next doors land

Customer Question

I have a coals & ashes right of way across next doors land which is currently the only access to the rear of my property. My neighbor wants to move this right & has tried to stop me using this access. Can she do this? or I am within my rights to continue as normal.
Kind Regards
Chris H
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
It sounds like you have an easement giving you a right of way. If you have an easement then it is your right to use and your neighbour can do nothing about this without your agreement. Could you clarify what you mean by a "coals and ashes right of way". Is the access only allowed fro a specific purpose?
Customer: replied 2 years ago.

That's what the neighbor said it was, but will try & Check.

Chris

Expert:  LondonlawyerJ replied 2 years ago.
God idea, it should be on the title register and title plan held by HMLR and available online at https://www.gov.uk/get-information-about-property-and-land
Customer: replied 2 years ago.

checked the deeds last night, states "coals in ashes out" no other use,

But we have been using it for pedestrian access for the last 13 years, therefore would this now give us the right to continue this way

Chris

Expert:  LondonlawyerJ replied 2 years ago.
I am afraid that in order to get a right of way by prescription (ie through uninterrupted use) the right of way must have been used for 20 years by you or your predecessor continuously.
LondonlawyerJ and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Predecessor & me combined? or seperate

Expert:  LondonlawyerJ replied 2 years ago.
combined

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