How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nicola-mod Your Own Question

Nicola-mod
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 11
Experience:  Moderator
73944119
Type Your Property Law Question Here...
Nicola-mod is online now

According to my property deeds, my neighbour has a right of access fro

Customer Question

According to my property deeds, my neighbour has a right of access from the pavement outside the houses, up the path between the two properties (my land) and all the way to the end of my garden on the right hand side (next to his fence). He currently has a gate that allows him access to the path between our houses by his back door.
He is planning a rear extension and is proposing moving his rear access gate further down my garden. The proposed gate would open in the middle of my established flower bed.
He says he is entitled to relocate his gate anywhere along the fence line as his right of way goes to the very end of my garden.
Is this true? Can I stop him?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Firstly I would be surprised by this particularly with respect to him being allowed a gate on your land, if this is what he is proposing. The starting point will be for you to obtain from the Land Registry a copy of both your deeds and his deeds together with both plans. This will set out clearly the basis of his right of way - most rights of way are either by foot or vehicle over the land - that is all. It does not usually give you the right to extend or indeed put gates on someone else land. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
Relist: Answer quality.
This person seems to have missed the point entirely.
Expert:  Thomas Judge replied 1 year ago.
Happy to discuss.
Customer: replied 1 year ago.
The properties are typical victorian terraces with front and back gardens. There is a fence running from the rear of the properties to the end of the gardens. Between the two properties, and on my side of the fence, there is an alleyway that belongs to me. My neighbour has a gate in the fence by his back door that he uses to access the alleyway. He has right of access to walk down the alley, between the two house, to the front gardens.
My neighbour is proposing to extend his property into his garden and up to the boundary fence removing the existing gate. He would like to relocate the gate further down the fence into the garden.
My problem is that this gate would then open into my garden. In fact, it would open into my flower bed.
The deed is very old and in fact just a pencil drawing! It shows a red line, indicating the right of access, from the pavement at the front of the properties, up the alleyway, past the existing gate, and all the way to the end of my garden. It is on this basis that my neighbour believes he is entitled to relocate his gate.
Is he correct?
Expert:  Thomas Judge replied 1 year ago.
I do not from what you have written think that he is entitled to relocate his gate. I would formally get this checked by a solicitor who can look at the plan but from what you have written it does not appear to me that he can relocate his fence. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
As I say the right of access on the plans is from the pavement at the front of the properties all the way up the garden path, up the alley between the properties, to the end of the back gardens. The existing fence is effectively half way along this line.
He seems confident that as he has right of access to the end of my back garden, he can move his gate anywhere along the fence.
Why don't you think this is right? I am obviously pleased you think this but am keen to understand the basis of your opinion.
Expert:  Thomas Judge replied 1 year ago.
The basis of the opinion is that he has a right of access - this does not mean he has a right to put a fence which goes on to your property
Expert:  Thomas Judge replied 1 year ago.
Please rate positive
Customer: replied 1 year ago.
I don't understand? He's not putting a fence on my property?
Expert:  Thomas Judge replied 1 year ago.
No but the fence goes onto your land when being used - that it is a trespass
Customer: replied 1 year ago.
Yes but as I say he has right of access on my side of the fence so when he opens his relocated gate he will be walking onto my land (which he has right of access to).
Expert:  Thomas Judge replied 1 year ago.
Yes he has a right of access to walk but this does not give him any other rights. I hope that helps.
Customer: replied 1 year ago.
You've confused me again... so are you saying he DOES have a right of access then to move the gate then? If you don't know the answer, please don't guess. I'll find out elsewhere.
Expert:  Thomas Judge replied 1 year ago.
No that it not what I was saying. I did not say that. Please re-read what I said.
Customer: replied 1 year ago.
You said:
"this does not mean that he has a right to put a fence which goes onto your property"
This doesn't make sense to me as this is not what my neighbour is proposing to do and is not what I asked. There is an existing fence between the two properties. He has a right of access along the length of the fence on my side. He would like to move the gate, not the fence.
You said:
"No but the fence goes into your land when being used - that it is a trespass"
This confused me because the fence doesn't go onto my land when being used? The fence doesn't move. The gate opens and closes. And I am not sure it is a trespass because on my side of the fence he has right of access.
You said:
"Yes he has right of access to walk but this does not give him any other rights."
Are you saying that if you hold a right of access you don't have a right to move the access point to it? ie. the gate
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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.
Can you just cancel the question please? It seems to me that this so called expert didn't have the expertise to answer the question. I assume I don't have to pay?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.