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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32826
Experience:  Over 20 years experience
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A wall ahs been erected in the gateway by my neighbours between

Customer Question

a wall ahs been erected in the gateway by my neighbours between the gardens of my property and theirs and is stopping me accessing my rear garden. I have an express right of way granted by a deed but since we have both extended our properties, it is my view that as a result of the extension the access way has been extended beyond that granted by a deed. my neighbour disputes this.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Well the starting point for this would be to consider the deeds and in particular the plans - these should mark the specific basis of the right of way. If there is still confusion you would need to instruct a surveyor to both look at the deeds and indeed the actual gardens. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.

thanks for this. However, can a right of way be extended beyond the express right granted in the deed because of the extensions?

Expert:  Thomas Judge replied 1 year ago.
Not usually without the agreement of both parties - happy to discuss. Please rate positive.
Customer: replied 1 year ago.

Thanks for the response but I need clarity. does the agreement have to be in writing and what if owners of the land with the burden refuses to agree to the extended right of way?

Expert:  Thomas Judge replied 1 year ago.
I can not give complete clarity as I have not seen your deeds or your neighbours deeds - hence as set out above.

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