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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have a right of way (on foot) across my back garden

Resolved Question:

I have a right of way (on foot) across my back garden for the owner and delivery of maintenance rights. The owner now using the property as a holiday let and I now have traffic across my yard of individuals I do not know. Since my deeds state that it is a right of way for the "Owner" and Maintenance teams, can this right of way be extended to anyone holiday in this property?
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
I assume the owner is the owner of the neighbouring property, and that the right of way is between 2 freehold properties. If so it will be an easement. I assume the description of the extent of the right of way is set out in your deeds.
The right of way can be used by any occupier of the property but only so far as it fits the description of use. It is doubtful if the right as granted is being exceeded and I fear there is little you can do unless the traffic is very large or intrusive indeed.
Customer: replied 1 year ago.
So what your saying is that for the 52 weeks a year, my neighbor can let the properly out weekly and with new people each week I can have different people in my backyard each week. I therefore have no ideal who is walking over my property.
Expert:  LondonlawyerJ replied 1 year ago.
yes.
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