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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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We are having an access issue disputes with our neighbour.

Resolved Question:

We are having an access issue disputes with our neighbour. For 11 years there was a garage door at the end of a drive that closed off the access and was opened only from the inside. The access is clear and in no way restricted apart from a new door we have had put on. The door is connected to an electricity supply in our house allowing us to open it with a fob. The neighbour can still open the door from the inside with a winder. The previous door was an up and over garage door. The land over which the access is granted is owned by us. We are responsible for the door. We are currently being told by our neighbours solicitor that because she cannot open the door from the outside her means of ingress is blocked and should we not rectify this they will seek a legal injunction.
Would your advice be the same that the door must open from the outside even though no previous door has done so. In Other words are we infinging the access
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with over 20 years experience. I will try to help you with this.
This will depend on the terms of the right of way. I assume that there is an easement granted over your land. In order to answer this I need to know the terms of the right of way. If it is to allow access in and our of their property then you are breaching the easement and the neighbour can probably get relief at court for you to alter the arrangement so that they can gain access in both directions.
They would also seek an order for you to pay their legal costs which will likely be considerable and if they win it is likely an order for costs agaibst you will be made.
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